78A-7-118 - Appeals from justice court -- Trial or hearing de novo in district court.
78A-7-118. Appeals from justice court -- Trial or hearing de novo in district court.
(1) In a criminal case, a defendant is entitled to a trial de novo in the district court only ifthe defendant files a notice of appeal within 30 days of:
(a) sentencing after a bench or jury trial, or a plea of guilty in the justice court resultingin a finding or verdict of guilt; or
(b) a plea of guilty in the justice court that is held in abeyance.
(2) If an appeal under Subsection (1) is of a plea entered pursuant to negotiation with theprosecutor, and the defendant did not reserve the right to appeal as part of the plea negotiation,the negotiation is voided by the appeal.
(3) A defendant convicted and sentenced in justice court is entitled to a hearing de novoin the district court on the following matters, if the defendant files a notice of appeal within 30days of:
(a) an order revoking probation;
(b) an order entering a judgment of guilt pursuant to the person's failure to fulfil theterms of a plea in abeyance agreement;
(c) a sentence entered pursuant to Subsection (3)(b); or
(d) an order denying a motion to withdraw a plea.
(4) The prosecutor is entitled to a hearing de novo in the district court on:
(a) a final judgment of dismissal;
(b) an order arresting judgment;
(c) an order terminating the prosecution because of a finding of double jeopardy or denialof a speedy trial;
(d) a judgment holding invalid any part of a statute or ordinance;
(e) a pretrial order excluding evidence, when the prosecutor certifies that exclusion ofthat evidence prevents continued prosecution of an infraction or class C misdemeanor;
(f) a pretrial order excluding evidence, when the prosecutor certifies that exclusion ofthat evidence impairs continued prosecution of a class B misdemeanor; or
(g) an order granting a motion to withdraw a plea of guilty or no contest.
(5) A notice of appeal for a hearing de novo in the district court on a pretrial orderexcluding evidence under Subsection (4)(e) or (f) shall be filed within 30 days of the orderexcluding the evidence.
(6) Upon entering a decision in a hearing de novo, the district court shall remand the caseto the justice court unless:
(a) the decision results in immediate dismissal of the case;
(b) with agreement of the parties, the district court consents to retain jurisdiction; or
(c) the defendant enters a plea of guilty in the district court.
(7) The district court shall retain jurisdiction over the case on trial de novo.
(8) The decision of the district court is final and may not be appealed unless the districtcourt rules on the constitutionality of a statute or ordinance.
Amended by Chapter 215, 2010 General Session