Appeals in Criminal Actions

ORS 157.070
Writ of review in criminal actions


No provision of ORS 157.010 (Appeal to circuit court from justice court) to 157.065 (Powers of appellate court), in relation to appeals or the right to appeal in criminal actions, shall be construed to prevent either party in a justice court from having an interlocutory order which involves the constitutionality of a statute or of the proceedings which may affect the final judgment or the judgment reviewed in the circuit court for errors in law appearing upon the face of the judgment or the proceedings connected therewith, as provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [Amended by 1959 c.592 §1]

Notes of Decisions

Writ of review was appropriate where plaintiff was sentenced for both driving under the influence of intoxicating liquor and driving with .15 percent or more by weight of alcohol in his blood, both offenses arising out of the same course of conduct. Doran v. State, 270 Or 758, 529 P2d 928 (1974)

The circuit court lacked jurisdiction to issue a writ of review concerning district court order denying defendant's motion for leave to withdraw his guilty plea in a criminal proceeding. Humphreys v. State of Oregon, 19 Or App 630, 528 P2d 1094 (1974)

Since the district court record did not disclose an interlocutory order of any kind or any "errors in law appearing upon the face of the judgment or the proceedings connected therewith," the circuit court order after hearing on writ of review could not be sustained; existence of a summary of proceedings not a part of the record was immaterial. Carter v. Reeves, 20 Or App 450, 532 P2d 31 (1975)

This section does not apply to review of municipal court interlocutory orders. Scott v. Thompson, 30 Or App 291, 567 P2d 555 (1977), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021