State v. Mooers and Becker

Justice Himonas, opinion of the Court:

INTRODUCTION

¶ 1 We address two underlying cases in this appeal, both of which turn on the same issue: whether an order of complete restitution that is part of a plea in abeyance is a final order appealable as of right. The Utah Court of Appeals determined in the first case, State v. Mooers, 2015 UT App 266 , 362 P.3d 282 , that it is not. In the second case, State v. Becker, 2015 UT App 304 , 365 P.3d 173 , another panel of the court of appeals held that it was bound by the Mooers panel's holding. Each panel dismissed its case for lack of jurisdiction,…