2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 138
138.060 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:

(a) An order made prior to trial dismissing or setting aside the accusatory instrument;

(b) An order arresting the judgment;

(c) An order made prior to trial suppressing evidence;

(d) An order made prior to trial for the return or restoration of things seized;

(e) A judgment of conviction based on the sentence as provided in ORS 138.222;

(f) An order 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;

(g) An order made after a guilty finding dismissing or setting aside the accusatory instrument;

(h) An order granting a new trial; or

(i) An order dismissing an accusatory instrument under ORS 136.130.

(2) Notwithstanding subsection (1) of this section, when the state chooses to appeal from an order listed in paragraph (a) or (b) of this subsection, the state shall take the appeal to the Supreme Court if the defendant is charged with murder or aggravated murder. The orders to which this subsection applies are:

(a) An order made prior to trial suppressing evidence; and

(b) An order made prior to trial dismissing or setting aside the accusatory instrument.

(3) In an appeal by the state under subsection (2) of this section, the Supreme Court shall issue its decision no later than one year after the date of oral argument or, if the appeal is not orally argued, the date that the State Court Administrator delivers the briefs to the Supreme Court for decision. Failure of the Supreme Court to issue a decision within one year is not a ground for dismissal of the appeal. [Amended by 1963 c.385 1; 1969 c.198 64; 1969 c.529 1; 1971 c.644 1; 1973 c.836 276; 1977 c.752 2; 1989 c.790 21a; 1997 c.852 11; 1999 c.946 2; 2001 c.870 4; 2011 c.379 1]