ORS 138.035: Appeal by defendant.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1)(a) A defendant may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 or 221.342, to the Court of Appeals from a judgment: (A) Conclusively disposing of all counts in the accusatory instrument or conclusively disposing of all counts severed from other counts; (B) Convicting the defendant of at least one count; and (C) Imposing sentence on all counts of which the defendant was convicted. (b) For the purposes of this subsection, if the trial court merges a determination of guilt on one count with a determination of guilt on another count and imposes a sentence on the merged determinations of guilt, the trial court has conclusively disposed of the merged counts. (2)(a) A defendant may appeal a judgment ordering payment of restitution but not specifying the amount of restitution. (b) A defendant may appeal a supplemental judgment awarding restitution. (3) A defendant may appeal a judgment or order extending a period of probation, imposing a new or modified condition of probation or of sentence suspension, or imposing or executing a sentence upon revocation of probation or sentence suspension. (4) A defendant may appeal an amended or corrected judgment entered after the judgment of conviction and sentence. (5) A defendant may cross-appeal when the state appeals pursuant to ORS 138.045 (1)(d). [2017 c.529 §3]
This rule cites
- ORS 51.025 — resolved
- 221.342 — resolved
- ORS 138.045 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors138.html