Oklahoma § 22-1053 - Appeals taken by state or municipality – Allowable cases

§ 22-1053. Appeals taken by state or municipality – Allowable cases

Appeals to the Court of Criminal Appeals may be taken by the

state or a municipality in the following cases only:

1. Upon judgment for the defendant on quashing or setting aside

an indictment or information;

2. Upon an order of the court arresting the judgment;

3. Upon a question reserved by the state or a municipality;

4. Upon judgment for the defendant on a motion to quash for

insufficient evidence in a felony matter;

5. Upon a pretrial order, decision, or judgment suppressing or

excluding evidence where appellate review of the issue would be in

the best interests of justice;

6. Upon a pretrial order, decision or judgment suppressing or

excluding evidence in cases alleging violation of any provisions of

Section 13.1 of Title 21 of the Oklahoma Statutes; and

7. Upon an order, decision or judgment finding that a defendant

is immune from or not subject to criminal prosecution.

Priority shall be given to appeals taken pursuant to paragraph

5, 6, or 7 of this section, and an order staying proceedings shall

be entered pending the outcome of the appeal.

R.L. 1910, § 5990. Amended by Laws 1978, c. 248, § 2, eff. July 1,

1978; Laws 1990, c. 261, § 3, emerg. eff. May 24, 1990; Laws 2002,

c. 460, § 21, eff. Nov. 1, 2002; Laws 2009, c. 274, § 3, eff. Nov.

1, 2009; Laws 2022, c. 209, § 2, eff. Nov. 1, 2022.