§ 1053 Appeals taken by state or municipality – Allowable cases.

Appeals to the Court of Criminal Appeals may be taken by the state or a municipality in the following cases only:

1. Upon judgment for the defendant on quashing or setting aside an indictment or information;

2. Upon an order of the court arresting the judgment;

3. Upon a question reserved by the state or a municipality;

4. Upon judgment for the defendant on a motion to quash for insufficient evidence in a felony matter;

5. Upon a pretrial order, decision, or judgment suppressing or excluding evidence where appellate review of the issue would be in the best interests of justice;

6. Upon a pretrial order, decision or judgment suppressing or excluding evidence in cases alleging violation of any provisions of Section 13.1 of Title 21 of the Oklahoma Statutes; and

7. Upon an order, decision or judgment finding that a defendant is immune from or not subject to criminal prosecution.

Priority shall be given to appeals taken pursuant to paragraph 5, 6, or 7 of this section, and an order staying proceedings shall be entered pending the outcome of the appeal.