Oregon Statutes 138.035 – Appeal by defendant
(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:
Terms Used In Oregon Statutes 138.035
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]
[Amended by 1959 c.558 § 36; 1963 c.207 § 1; 1969 c.198 § 62; 1971 c.565 § 19; 1977 c.372 § 13; 1977 c.752 § 1; 1985 c.348 § 1; 1989 c.849 § 4; 2001 c.870 § 6; repealed by 2017 c.529 § 26]