2015 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.083 - Corrected and supplemental judgments.

(1)(a) The sentencing court retains authority irrespective of any notice of appeal after entry of judgment of conviction to modify its judgment and sentence to correct any arithmetic or clerical errors or to delete or modify any erroneous term in the judgment. The court may correct the judgment either on the motion of one of the parties or on the court’s own motion after written notice to all the parties.

(b) If a sentencing court enters a corrected judgment under this subsection while an appeal of the judgment is pending, the sentencing court shall immediately forward a copy of the corrected judgment to the appellate court. The appellate court shall notify the parties to the appeal when the appellate court receives the corrected judgment. Except as provided in subsection (3) of this section, any modification of the appeal necessitated by the corrected judgment shall be made in the manner specified by rules adopted by the appellate court.

(2)(a) A judgment that orders payment of restitution but does not specify the amount of restitution imposed is final for the purpose of appealing the judgment.

(b) Notwithstanding the filing of a notice of appeal, the sentencing court retains authority to determine the amount of restitution and to enter a supplemental judgment to specify the amount and terms of restitution.

(c) If a sentencing court enters a supplemental judgment under this subsection while an appeal of the judgment of conviction is pending, the sentencing court shall immediately forward a copy of the supplemental judgment to the appellate court. The appellate court shall notify the parties to the appeal when the appellate court receives the supplemental judgment. Except as provided in subsection (3) of this section, any modification of the appeal necessitated by the supplemental judgment may be made in the manner specified by rules adopted by the appellate court.

(3)(a) If the appellant intends to assign error to any part of the corrected or supplemental judgment, the appellant must file an amended notice of appeal from the corrected or supplemental judgment.

(b) If the appellant does not intend to assign error to any part of the corrected or supplemental judgment, the appellant need only file a notice of intent to proceed with the appeal. Such notice is not jurisdictional.

(4) As used in this section, "appellant" means the attorney of record in the appellate court for the appellant or, if the appellant is not represented by an attorney, the appellant personally.

[1989 c.790 §20; 1995 c.109 §1; 1997 c.389 §2; 2003 c.576 §165; 2007 c.547 §3; 2013 c.153 §1]