State v. Neeley

The defendants in these consolidated appeals filed motions for certificates of probable cause pursuant to Rule 27, Utah R.Crim.P. (U.C.A., 1953, § 77-35-27). The State opposes issuance of the certificates and requests an interpretation and clarification of the requisite procedures and grounds upon which this Court and the district courts will issue certificates of probable cause under Rule 27.

Rule 27 provides a two-step process for defendants in t seeking release on bond pending appeal from a criminal conviction. First, the defendant applies to the district court for a certificate of probable…