Appeals -- When proper.

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  • (1) A defendant may, as a matter of right, appeal from:
    • (a) a final judgment of conviction, whether by verdict or plea;
    • (b) an order made after judgment that affects the substantial rights of the defendant;
    • (c) an order adjudicating the defendant's competency to proceed further in a pending prosecution; or
    • (d) an order denying bail under Chapter 20, Bail.
  • (2) In addition to any appeal permitted by Subsection (1), a defendant may seek discretionary appellate review of any interlocutory order.
  • (3) The prosecution may, as a matter of right, appeal from:
    • (a) a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial;
    • (b) a pretrial order dismissing a charge on the ground that the court's suppression of evidence has substantially impaired the prosecution's case;
    • (c) an order granting a motion to withdraw a plea of guilty or no contest;
    • (d) an order arresting judgment or granting a motion for merger;
    • (e) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;
    • (f) an order granting a new trial;
    • (g) an order holding a statute or any part of it invalid;
    • (h) an order adjudicating the defendant's competency to proceed further in a pending prosecution;
    • (i) an order finding, pursuant to Title 77, Chapter 19, Part 2, Competency for Execution, that an inmate sentenced to death is incompetent to be executed;
    • (j) an order reducing the degree of offense pursuant to Section 76-3-402;
    • (k) an illegal sentence; or
    • (l) an order dismissing a charge pursuant to Subsection 76-2-309(3).
  • (4) In addition to any appeal permitted by Subsection (3), the prosecution may seek discretionary appellate review of any interlocutory order entered before jeopardy attaches.




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