GroundRules
← Search the law
Oregon · Through 2025 Edition

ORS 138.035: Appeal by defendant.

Read at publisher ↗
Where this section sits in the code
  1. 04 - Criminal Procedure, Crimes
  2. 14. Procedure in Criminal Matters Generally
  3. Chapter 138 — Appeals; Post-Conviction Relief

(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).

Collected 2026-09-03T23:50:11Z. Source file · JSON

Browse this collection