Appeals

ORS 138.020
Who may appeal


Either the state or the defendant may as a matter of right appeal from a judgment in a criminal action in the cases prescribed in ORS 138.010 (Mode of review) to 138.310 (Notice to court below when public defense services executive director certifies costs, expenses or compensation), and not otherwise.

Notes of Decisions

Appellate court hearing of an appeal by defendant made after verdict but before sentence is inappropriate because the defendant can appeal only from a "judgment" or "judge on a conviction." State v. McFarland, 10 Or App 90, 497 P2d 1283 (1972), Sup Ct review denied

Where appeal may be taken as matter of statutory right, appellate court retains discretion to dismiss appeal of fugitive from justice. State v. Sterner, 124 Or App 439, 862 P2d 1321 (1993), Sup Ct review denied

Court may not automatically dismiss appeal of former fugitive but may dismiss where former fugitive status of defendant interferes with appellate process. State v. Lundahl, 130 Or App 385, 882 P2d 644 (1994); State v. Ristick, 204 Or App 626, 131 P3d 762 (2006)

Where aggravated murder case is remanded for new penalty-phase proceeding, ruling by court prior to start of proceeding is ruling made prior to trial for state appeal purposes. State ex rel Carlile v. Frost, 326 Or 607, 956 P2d 202 (1998)


Source

Last accessed
Jun. 26, 2021