Oregon Statute | Act | Code |Title 15 Procedure In Criminal Actions In Justice Courts| US Code - US Statute | Chapter 157 Appeals In Criminal Actions; Writ Of Review

USA Statutes : oregon
Title : TITLE 15 PROCEDURE IN CRIMINAL ACTIONS IN JUSTICE COURTS
Chapter : Chapter 157 Appeals in Criminal Actions; Writ of Review

The provisions of this chapter
apply only to justice courts that have not become courts of record under
ORS 51.025. Appeals of criminal judgments in justice courts that have
become courts of record under ORS 51.025 shall be as provided in ORS
chapter 138 for appeals from judgments of circuit courts. [1999 c.682 §8] In a criminal
action in a justice court, except where the judgment is given on a plea
of guilty, an appeal may be taken from a judgment of conviction to the
circuit court for the county in which the judgment is given, as
prescribed in this chapter, and not otherwise. [Amended by 1985 c.342
§12; 1995 c.658 §87] (1) Except
as provided in subsection (2) of this section, an appeal may be taken
only by the defendant and whether or not the judgment is that the
defendant pay a fine or be imprisoned.

(2) The plaintiff may take an appeal from:

(a) An order made before jeopardy attaches dismissing the
accusatory instrument;

(b) An order arresting the judgment;

(c) An order made before jeopardy attaches suppressing evidence; or

(d) An order made before jeopardy attaches for the return or
restoration of things seized. [Amended by 1959 c.196 §1; 1967 c.528 §1;
1971 c.644 §2; 1985 c.342 §13] The appeal is taken in
the same manner and within the same time as in the case of an appeal from
a judgment in a civil action, except that:

(1) The notice thereof shall be served upon the district attorney
for the county, or the deputy of the district attorney, or upon the
private prosecutor in the action;

(2) When the notice of appeal has been filed with the court from
which the appeal is being taken, the appellate court shall have
jurisdiction of the cause. Failure to serve a notice of appeal on the
appropriate attorney shall not preclude jurisdiction in the appellate
court; and

(3) No undertaking providing for the payment of costs and
disbursements shall be required. [Amended by 1989 c.123 §1] If
the defendant is in custody at the time the appeal is allowed, the
justice shall make the proper transcript and deliver it to the clerk of
the appellate court within 10 days from the date the appeal is taken.
[Amended by 1985 c.342 §14] An allowance of an appeal
does not stay the proceedings on the judgment unless the defendant:

(1) Makes a release agreement or a security release deposit as
provided in ORS 135.230 to 135.290; or

(2) Gives the security required by ORS 810.300 to 810.330 as an
undertaking on appeal. [Amended by 1973 c.836 §338; 1974 c.35 §2; 1983
c.338 §895A]From the filing of the transcript with the clerk of the
appellate court the appeal is perfected and the action is deemed pending
therein for trial upon the issue tried in the justice court. In a
criminal action, the appellate court has the same authority to allow an
amendment of the pleadings on an appeal that it has on an appeal in a
civil action. [Amended by 1985 c.342 §15] The appellate court may give a
final judgment in the cause, to be enforced as a judgment of such court;
or the appellate court may give such other judgment or order as may be
proper, and direct that the cause be remitted to the court below for
further proceedings in accordance with the decision of the appellate
court. [1959 c.558 §49; 1981 c.178 §10] No provision of ORS
157.010 to 157.065, in relation to appeals or the right to appeal in
criminal actions, shall be construed to prevent either party in a justice
court from having an interlocutory order which involves the
constitutionality of a statute or of the proceedings which may affect the
final judgment or the judgment reviewed in the circuit court for errors
in law appearing upon the face of the judgment or the proceedings
connected therewith, as provided in ORS 34.010 to 34.100. [Amended by
1959 c.592 §1]

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