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, in accordance with Chapter 19, Part 2, Competency for Execution, that an inmate sentenced to death is incompetent to be executed;
(j)
an order holding that a defendant is exempt from a sentence of death under Section 77-15a-104;
(k)
an order reducing the degree of offense pursuant to Section 76-3-402;
(l)
an illegal sentence; or
(m)
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.
Section 18a-1 ("Appeals -- When proper.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 18a-1?
A common citation format is "Utah Code § 18a-1" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 18a-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
