Organization and Government of Cities

ORS 221.390
Trial, procedure and sentence in circuit court on appeal from municipal court

(1)

When any person convicted in a municipal court appeals to the circuit court as provided in ORS 221.359 (Appeals from conviction in municipal court) and 221.360 (Appeal on issue of constitutionality of charter provision or ordinance), such person shall be tried in the circuit court pursuant to the statutes which prescribe the procedure for trial of violations of the criminal statutes of the state, except that the prosecution shall be handled by an attorney provided by the city with the municipal court from which the appeal was taken.

(2)

Within 10 days following the return of the verdict in the circuit court, the clerk of the court shall notify the recorder or corresponding officer of the city, in writing, of the outcome of the trial, and shall give like notice of any sentence imposed.

(3)

Upon a verdict of guilty the circuit court judge may impose any sentence within the limits prescribed by the charter or ordinance for violation of which the conviction was had, and if a fine is imposed, it shall be paid to the clerk of the court and by the clerk remitted, on or before the 10th day of the following month, to the proper city officer.

(4)

This section does not apply where the appeal involves only an issue of constitutionality of the charter or ordinance. [Amended by 1985 c.342 §19]

Notes of Decisions

In de novo appeals in circuit court arising from traffic offense convictions in municipal court in which arrest or complaint was made by a city policeman, the county clerk shall remit one-half of the fine to the city. City of St. Helens v. Columbia County, 21 Or App 128, 533 P2d 1401 (1975), Sup Ct review denied

§§ 221.336 to 221.390

Notes of Decisions

Person who is convicted in municipal court and appeals that conviction to circuit court, pursuant to these sections, may appeal adverse decision of circuit court to Court of Appeals only if case involves constitutionality of ordinance under which defendant was convicted. City of Lincoln City v. Pennington, 91 Or App 713, 756 P2d 75 (1988)

Source

Last accessed
Jun. 26, 2021

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