Appeals in Criminal Actions

ORS 157.065
Powers of appellate court

The appellate court may give a final judgment in the cause, to be enforced as a judgment of such court; or the appellate court may give such other judgment or order as may be proper, and direct that the cause be remitted to the court below for further proceedings in accordance with the decision of the appellate court. [1959 c.558 §49; 1981 c.178 §10]

Notes of Decisions

The circuit court may impose a greater sentence than that imposed by the justice court, if that sentence was not imposed to penalize defendant for exercising the right to a de novo appeal. State v. Ehrhard, 15 Or App 116, 514 P2d 1348 (1973)

This section renders circuit court disposition of appeal of municipal court order in arrest of judgment an order of trial court which may be appealed by city. City of Toledo v. Richards, 40 Or App 71, 594 P2d 422 (1979), Sup Ct review denied


Last accessed
Jun. 26, 2021