2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 138
138.040 Appeal by defendant generally; reviewable matters.
Except as provided under ORS 138.050, the defendant may appeal to the Court of Appeals from a judgment or order described under ORS 138.053 in a circuit court, and may cross-appeal when the state appeals pursuant to ORS 138.060 (1)(c) or (2)(a). The following apply upon such appeal or cross-appeal:
(1) The appellate court may review:
(a) Any decision of the court in an intermediate order or proceeding.
(b) Any disposition described under ORS 138.053 as to whether it:
(A) Exceeds the maximum allowable by law; or
(B) Is unconstitutionally cruel and unusual.
(2) If the appellate court determines the disposition imposed exceeds the maximum allowable by law or is unconstitutionally cruel and unusual, the appellate court shall direct the court from which the appeal is taken to impose the disposition that should be imposed. [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]
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