State v Moores

Moores appealed a restitution order entered by the district court as part of a plea in abeyance agreement. The panel dismissed for lack of jurisdiction. It first held that, consistent with Utah precedent, pleas in abeyance under Utah Code 77-2a-1 are not final judgments or sentences and thus are not appealable under 77-18a-1. It also held, as a matter of first impression, held that the restitution order, which was a condition of the abatement agreement, is not an exception to the final judgment rule because other statutes treat a plea as a conviction while 77-22a-1 et seq. do not, the language in 77-38a-401 dealing with restitution orders as judgments controls who may enforce the order and 77-22a-1 et seq. is silent as to a right of appeal and to whether a restitution order is a conviction for purposes of appeal. The panel noted that this decision is contrary to dicta in previous cases. It also noted that Moores could seek review by petitoning to file an interlocutory appeal or file a request for extraordinary relief.