Oregon Statutes 138.045 – Appeal by state
(1) The state 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:
Terms Used In Oregon Statutes 138.045
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument;
(b) An order allowing a demurrer;
(c) An order arresting the judgment;
(d) An order made prior to trial suppressing evidence;
(e) An order made prior to trial for the return or restoration of things seized;
(f) For a felony committed on or after November 1, 1989, a judgment, amended judgment or corrected judgment of conviction;
(g) For any felony, a judgment, amended judgment, supplemental judgment, corrected judgment or post-judgment order, that denied restitution or awarded less than the amount of restitution requested by the state;
(h) An order or judgment in a probation revocation hearing finding that a defendant who was sentenced to probation under ORS § 137.712 has not violated a condition of probation by committing a new crime;
(i) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument; or
(j) An order granting a new trial.
(2) Notwithstanding subsection (1) of this section, when the state chooses to appeal an order described in subsection (1)(a), (b) or (d) of this section, the state shall take the appeal to the Supreme Court if the defendant is charged with murder or aggravated murder. [Formerly 138.060]
[Amended by 1969 c.198 § 63; 1973 c.836 § 275a; 1975 c.611 § 23; 1977 c.372 § 14; 1985 c.342 § 20; 1985 c.348 § 2; 1989 c.849 § 5; 1995 c.658 § 78; 1999 c.134 § 3; 1999 c.788 § 47; 2001 c.644 § 1; repealed by 2017 c.529 § 26]