§ 770.12

770.12 Appeal by people; right of defendant to bail upon appeal; provisions governing section. Sec. 12. (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.

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. History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17366 ;-- Am. 1941, Act 132, Eff. Jan. 10, 1942 ;-- CL 1948, 770.12 ;-- Am. 1977, Act 34, Eff. Mar. 30, 1978 ;-- Am. 1988, Act 66, Eff. Mar. 30, 1988 ;-- Am. 1994, Act 374, Imd. Eff. Dec. 27, 1994 Compiler's Notes: For provisions of chapter 5, referred to in this section, see MCL 765.7.Former Law: See section 1 of Act 159 of 1917.