77-18a-1. Appeals -- When proper.
(1) A defendant may, as a matter of right, appeal from: a final judgment of conviction, whether by verdict or plea; an order made after judgment that affects the substantial rights of the defendant; an order adjudicating the defendant's competency to proceed further in a pending prosecution; or an order denying bail under. Chapter 20, Bail
(2) In addition to any appeal permitted by Subsection, a defendant may seek discretionary appellate review of any interlocutory order. (1)
(3) The prosecution may, as a matter of right, appeal from: a final judgment of dismissal, including a dismissal of a felony information following a refusal to bind the defendant over for trial; a pretrial order dismissing a charge on the ground that the court's suppression of evidence has substantially impaired the prosecution's case; an order granting a motion to withdraw a plea of guilty or no contest; an order arresting judgment or granting a motion for merger; an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial; an order granting a new trial; an order holding a statute or any part of it invalid; an order adjudicating the defendant's competency to proceed further in a pending prosecution; an order finding, in accordance with Chapter 19, Part 2, Competency for Execution, that an inmate sentenced to death is incompetent to be executed; an order holding that a defendant is exempt from a sentence of death under Section; 77-15a-104 an order reducing the degree of offense pursuant to Section; 76-3-402 an illegal sentence; or an order dismissing a charge pursuant to Subsection. 76-2-309(3)
(4) In addition to any appeal permitted by Subsection, the prosecution may seek discretionary appellate review of any interlocutory order entered before jeopardy attaches. (3)