§22-1053. Appeals taken by state or municipality – Allowable cases.
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/ok/title-22-criminal-procedure/22-1053·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Appeals to the Court of Criminal Appeals may be taken by the state or a municipality in the following cases only:
1. Upon judgment for the defendant on quashing or setting aside an indictment or information;
2. Upon an order of the court arresting the judgment;
3. Upon a question reserved by the state or a municipality;
4. Upon judgment for the defendant on a motion to quash for insufficient evidence in a felony matter;
5. Upon a pretrial order, decision, or judgment suppressing or excluding evidence where appellate review of the issue would be in the best interests of justice;
6. Upon a pretrial order, decision or judgment suppressing or excluding evidence in cases alleging violation of any provisions of Section 13.1 of Title 21 of the Oklahoma Statutes; and
7. Upon an order, decision or judgment finding that a defendant is immune from or not subject to criminal prosecution.
Priority shall be given to appeals taken pursuant to paragraph 5, 6, or 7 of this section, and an order staying proceedings shall be entered pending the outcome of the appeal. R.L. 1910, § 5990. Amended by Laws 1978, c. 248, § 2, eff. July 1, 1978; Laws 1990, c. 261, § 3, emerg. eff. May 24, 1990; Laws 2002, c. 460, § 21, eff. Nov. 1, 2002; Laws 2009, c. 274, § 3, eff. Nov. 1, 2009; Laws 2022, c. 209, § 2, eff. Nov. 1, 2022.