ORS 138.285
Order staying execution of sentence

Text
Annotations 4

(1)

(a)

A justice, municipal or circuit court may enter an order in a criminal action as defined in ORS 131.005 (General definitions) staying execution of a sentence, or a portion of a sentence, pending the resolution of an appeal.

(b)

Except for good cause shown, a motion for an order under this section must be filed in the trial court no later than the filing of a notice of appeal. The trial court retains jurisdiction to enter an order under this section irrespective of whether a notice of appeal has been filed.

(c)

Except as otherwise required by this section, the trial court may impose conditions on a stay that the trial court determines are appropriate.

(2)

In determining whether to enter an order staying the execution of all of a sentence, or a portion of a sentence, the trial court shall consider the following factors:

(a)

The nature of the offense;

(b)

The severity of the sentence imposed;

(c)

The health of the defendant;

(d)

The character and strength of the evidence;

(e)

The criminal history of the defendant;

(f)

If the sentence, or the portion of the sentence, sought to be stayed includes a term of incarceration, the likelihood that the defendant will:

(A)

Appear in court at all appropriate times;

(B)

Comply with any other conditions of release; and

(C)

Complete, or substantially complete, serving the term of incarceration before the appeal is decided;

(g)

The likelihood that an appellate court will reverse the sentence, or the portion of the sentence, sought to be stayed or will reverse the judgment of conviction that includes the sentence, or the portion of the sentence, sought to be stayed; and

(h)

If an appellate court has issued a decision reversing the sentence, or a portion of the sentence, sought to be stayed or reversing the judgment of conviction that includes the sentence, or the portion of the sentence, sought to be stayed:

(A)

Whether the reversal or any other relief described in the appellate decision will result in the defendant having completed serving the term of incarceration imposed; and

(B)

Whether the appellate decision remands the case for a new trial.

(3)

If the trial court enters an order staying a term of incarceration, the court:

(a)

May order that the conditions of the release agreement and any posted security stand pending resolution of the appeal or may order an increase or reduction in the amount of security.

(b)

Shall order that the defendant, as a condition of release:

(A)

Duly prosecute the appeal of the defendant as required by ORS 138.005 (Definitions for ORS 138.010 to 138.310) to 138.500 (Appointment of counsel and furnishing of transcript for appellant without funds);

(B)

Appear at such time and place as the court may direct;

(C)

Not depart this state without leave of the court; and

(D)

If the judgment is affirmed, or the judgment is reversed and the case is remanded for a new trial, immediately appear as required by the trial court.

(4)

If the court enters an order staying the payment of a monetary obligation, the court may order the defendant:

(a)

To deposit, pending resolution of the appeal, the whole or any part of the monetary obligation with the clerk of the trial court;

(b)

To file an undertaking with sufficient sureties;

(c)

To submit to an examination of assets; or

(d)

To refrain from dissipating the assets of the defendant. [Formerly 138.125]

Note: 138.285 (Order staying execution of sentence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 138.285 — Order staying execution of sentence, https://www.oregonlegislature.gov/bills_laws/ors/ors138.html.

Notes of Decisions

Under former similar statute (ORS 138.135)

Trial court has authority and responsibility for deciding whether defendant should be released pending appeal. State v. Wimber, 108 Or App 1, 814 P2d 169 (1991)

Attorney General Opinions

Under former similar statute (ORS 138.135)

Corrections Division Field Services authority to supervise person placed on probation during pendency of appeal, (1983) Vol 44, p 16

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 138.285 Order staying execution of sentence

(1)

(a)

(b)

(c)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(A)

(B)

(C)

(g)

(h)

(A)

(B)

(3)

(a)

(b)

(A)

(B)

(C)

(D)

(4)

(a)

(b)

(c)

(d)

Notes of Decisions

Attorney General Opinions

ORS 138.285
Order staying execution of sentence