2005 Oregon Code - Chapter 157 :: Chapter 157 - Appeals in Criminal Actions - Writ of Review
Chapter 157 — Appeals in Criminal Actions; Writ of Review
2005 EDITION
APPEALS IN CRIMINAL ACTIONS; WRIT OF REVIEW
CRIMINAL ACTIONS IN JUSTICE COURTS
157.005Â Â Â Â Applicability of chapter
157.010Â Â Â Â Appeal to circuit court from justice court
157.020Â Â Â Â Who may appeal; appealable judgments and orders
157.030Â Â Â Â Time and manner of taking appeal
157.040Â Â Â Â JusticeÂ’s duty as to making and delivering transcript
157.050Â Â Â Â Effect of allowance of appeal
157.060Â Â Â Â When appeal is perfected; amendment of pleadings in appellate court
157.065Â Â Â Â Powers of appellate court
157.070Â Â Â Â Writ of review in criminal actions
     157.005
Applicability of chapter. 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]
     157.010
Appeal to circuit court from justice court. 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]
     157.020
Who may appeal; appealable judgments and orders. (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]
     157.030
Time and manner of taking appeal. 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]
     157.040
JusticeÂ’s duty as to making and delivering transcript. 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]
     157.050
Effect of allowance of appeal. 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]
     157.060
When appeal is perfected; amendment of pleadings in appellate court. 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]
     157.065
Powers of appellate court. 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]
     157.070
Writ of review in criminal actions. 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]
     157.080
[Repealed by 1975 c.611 §16 (157.081 enacted in lieu of 157.080)]
     157.081 [1975 c.611 §17 (enacted in lieu of 157.080); renumbered 46.810]
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CHAPTERS 158 TO 160
 [Reserved for expansion]
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