2017 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.035 - Appeal by defendant.
(1)(a) A defendant 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 judgment:
(A) Conclusively disposing of all counts in the accusatory instrument or conclusively disposing of all counts severed from other counts;
(B) Convicting the defendant of at least one count; and
(C) Imposing sentence on all counts of which the defendant was convicted.
(b) For the purposes of this subsection, if the trial court merges a determination of guilt on one count with a determination of guilt on another count and imposes a sentence on the merged determinations of guilt, the trial court has conclusively disposed of the merged counts.
(2)(a) A defendant may appeal a judgment ordering payment of restitution but not specifying the amount of restitution.
(b) A defendant may appeal a supplemental judgment awarding restitution.
(3) A defendant may appeal a judgment or order extending a period of probation, imposing a new or modified condition of probation or of sentence suspension, or imposing or executing a sentence upon revocation of probation or sentence suspension.
(4) A defendant may appeal an amended or corrected judgment entered after the judgment of conviction and sentence.
(5) A defendant may cross-appeal when the state appeals pursuant to ORS 138.045 (1)(d). [2017 c.529 §3]
