77-18a-1. Appeals -- When proper. (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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