State v. Sery

In State v. Sery, 758 P.2d 935 (Utah Ct. App. 1988), the defendant entered a plea of no contest to the charges against him but conditioned entry of the plea upon his right to appeal the district court's denial of his motion to suppress certain evidence. 758 P.2d at 937. The State asserted that the defendant had waived the right to appeal all pretrial rulings by pleading no contest. Id. The court of appeals upheld the defendant's right to appeal the denial of his suppression motion, holding that the use of such conditional pleas by criminal defendants, if agreed to by the prosecution and accepted by the trial court, is a "sensible and sound practice." Id. at 938-39.