State v. Emmett
In State v. Emmett, 839 P.2d 781 (Utah 1992), a criminal defendant moved at the close of the State's case for dismissal of one of the charges against him. 839 P.2d at 783.
The court, however, reserved ruling on the motion, granting it only after the defendant had presented his entire case. Id.
On appeal, the defendant contended that the "the trial court erred by not ruling on his motion for a directed verdict at the close of the State's case." Id. The State contended that the defendant, by failing to object to the court's taking the motion under advisement, waived the right to appeal the issue of a timely ruling on its motion to dismiss. Id.
The Court observed that "'Utah Code Ann. section 77-17-3 clearly entitles the defendant to an immediate ruling on the sufficiency of the prosecution's case at the close of its case.'" Id.