Current through Public Act 122 of the 2024 Legislative Session
Section 770.12 - Appeal by people; right of defendant to bail upon appeal; provisions governing section(1) Except as provided in subsection (2), the people of this state may take an appeal of right in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from either of the following: (a) A final judgment or final order of the circuit court or recorder's court, except a judgment or order of the circuit court or recorder's court on appeal from any other court.(b) A final judgment or order of a court or tribunal from which appeal of right has been established by law.(2) The people of this state may take an appeal by leave in a criminal case, if the protection against double jeopardy under section 15 of article I of the state constitution of 1963 and amendment V of the constitution of the United States would not bar further proceedings against the defendant, from any of the following: (a) A judgment or order of the circuit court or recorder's court that is not a final judgment appealable of right.(b) A final judgment entered by the circuit court or the recorder's court on appeal from any other court.(c) Any other judgment or order appealable by law or rule.(d) A judgment or order when an appeal of right could have been taken but was not timely filed.(e) A final order or judgment based upon a defendant's plea of guilty or nolo contendere.(3) The right of the defendant to bail upon appeal under this section shall be governed by section 9a of this chapter and section 7 of chapter V.1927, Act 175, Eff. 9/5/1927 ;--CL 1929, 17366 ;--Am. 1941, Act 132, Eff. 1/10/1942 ;--CL 1948, 770.12 ;--Am. 1977, Act 34, Eff. 3/30/1978 ;--Am. 1988, Act 66, Eff. 3/30/1988 ;--Am. 1994, Act 374, Imd. Eff. 12/27/1994.