1. (1) A defendant may, as a matter of right, appeal from:

   1. (a) a final judgment of conviction, whether by verdict or plea;
   2. (b) an order made after judgment that affects the substantial rights of the defendant;
   3. (c) an order adjudicating the defendant's competency to proceed further in a pending prosecution; or
   4. (d) an order denying bail under Chapter 20, Bail.
2. (2) In addition to any appeal permitted by Subsection (1), a defendant may seek discretionary appellate review of any interlocutory order.

3. (3) The prosecution may, as a matter of right, appeal from:

   1. (a) a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial;
   2. (b) a pretrial order dismissing a charge on the ground that the court's suppression of evidence has substantially impaired the prosecution's case;
   3. (c) an order granting a motion to withdraw a plea of guilty or no contest;
   4. (d) an order arresting judgment or granting a motion for merger;
   5. (e) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;
   6. (f) an order granting a new trial;
   7. (g) an order holding a statute or any part of it invalid;
   8. (h) an order adjudicating the defendant's competency to proceed further in a pending prosecution;
   9. (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;
   10. (j) an order holding that a defendant is exempt from a sentence of death under Section 77-15a-104;
   11. (k) an order reducing the degree of offense pursuant to Section 76-3-402;
   12. (l) an illegal sentence; or
   13. (m) an order dismissing a charge pursuant to Subsection 76-2-309(3).
4. (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.

Amended by Chapter 345, 2026 General Session