Establishes a statutory right of appeal for the state in criminal cases in specific circumstances and provides for discretionary appellate review of certain interlocutory orders.
- Allows the state to appeal as a matter of right from final judgments dismissing an indictment, information, or any count thereof, including dismissals of felony informations following decisions not to bind defendants over for trial. (W.S. 7-12-105(a)(i))
- Allows the state to appeal from orders suppressing any evidence, including physical evidence, identification evidence, confessions, or admissions. (W.S. 7-12-105(a)(ii))
- Allows the state to appeal from orders granting motions to withdraw guilty pleas or pleas of no contest. (W.S. 7-12-105(a)(iii))
- Allows the state to appeal from orders arresting or modifying a judgment of conviction. (W.S. 7-12-105(a)(iv))
- Allows the state to appeal from orders terminating prosecution based on findings of double jeopardy or denial of speedy trial. (W.S. 7-12-105(a)(v))
- Allows the state to appeal from orders granting new trials or holding a statute or part of a statute invalid. (W.S. 7-12-105(a)(vi), W.S. 7-12-105(a)(vii))
- Allows the state to appeal from orders adjudicating that a defendant is incompetent, has mental illness or deficiency making them unfit to proceed, or lacks mental capacity for execution. (W.S. 7-12-105(a)(viii), W.S. 7-12-105(a)(ix), W.S. 7-13-902)
- Allows the state to appeal from orders finding a sentence illegal or correcting an illegal sentence, and from orders dismissing charges under W.S. 6-2-602. (W.S. 7-12-105(a)(x), W.S. 7-12-105(a)(xi))
- Permits the state to seek discretionary appellate review of any interlocutory order entered before jeopardy attaches, in addition to the mandatory appeals listed above. (W.S. 7-12-105(b))
Effective: July 1, 2025
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