An appeal may be taken by the state from:
- 1. An order dismissing an indictment, information or complaint or count of an indictment, information or complaint.
- 2. An order granting a new trial.
- 3. A ruling on a question of law adverse to the state when the defendant was convicted and appeals from the judgment.
- 4. An order made after judgment affecting the substantial rights of the state or a victim, except that the state shall only take an appeal on an order affecting the substantial rights of a victim at the victim's request.
- 5. A sentence on the grounds that it is illegal, or if the sentence imposed is other than the presumptive sentence authorized by section 13-702, section 13-703, section 13-704 or section 13-706, subsection A.
- 6. An order granting a motion to suppress the use of evidence.
- 7. A judgment of acquittal of one or more offenses charged in an indictment, information or complaint or count of an indictment, information or complaint that is entered after a verdict of guilty on the offense or offenses.