2017 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.085 - Content requirements for certain notices of appeal.
(1) If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must:
(a) Include a statement that the defendant has reserved an issue for appeal under ORS 135.335; or
(b) Identify a colorable claim of error reviewable under ORS 138.105.
(2) If a defendant appeals from any of the following judgments or orders, the notice of appeal must identify a colorable claim of error reviewable under ORS 138.105.
(a) A trial court’s judgment or order:
(A) Revoking probation;
(B) Extending the period of probation;
(C) Imposing a new condition of probation;
(D) Modifying an existing condition of probation; or
(E) Revoking a sentence suspension; or
(b) A judgment resentencing the defendant pursuant to a decision by an appellate court or a circuit court granting post-conviction relief.
(3) The requirements of subsections (1) and (2) of this section are not jurisdictional, but the appellate court may dismiss the appeal if the notice of appeal fails to contain the required statement or fails to identify the colorable claim of error and the defendant fails to correct the deficiency after having been given the opportunity to do so. [2017 c.529 §6]
