Section 1053 - Appeals taken by state or municipality - Allowable casesAppeals 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; and7. 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.Okla. Stat. tit. 22, § 1053
Amended by Laws 2022 , c. 209, s. 2, eff. 11/1/2022.Amended by Laws 1990, SB 453, c. 261, §3, emerg. eff. 5/24/1990; Amended by Laws 2002 , SB 1536, c. 460, § 21, eff. 11/1/2002; Amended by Laws 2009 , SB 611, c. 274, § 3, eff. 11/1/2009.