ORS Chapter 157
Chapter 157 — Appealsin Criminal Actions; Writ of Review
2009 EDITION
APPEALSIN CRIMINAL ACTIONS; WRIT OF REVIEW
CRIMINALACTIONS IN JUSTICE COURTS
157.005 Applicabilityof chapter
157.010 Appealto circuit court from justice court
157.020 Whomay appeal; appealable judgments and orders
157.030 Timeand manner of taking appeal
157.040 Justice’sduty as to making and delivering transcript
157.050 Effectof allowance of appeal
157.060 Whenappeal is perfected; amendment of pleadings in appellate court
157.065 Powersof appellate court
157.070 Writof review in criminal actions
157.005Applicability of chapter. The provisions of this chapter apply only tojustice courts that have not become courts of record under ORS 51.025. Appealsof criminal judgments in justice courts that have become courts of record underORS 51.025 shall be as provided in ORS chapter 138 for appeals from judgmentsof circuit courts. [1999 c.682 §8]
157.010Appeal to circuit court from justice court. In a criminal action in ajustice court, except where the judgment is given on a plea of guilty, anappeal may be taken from a judgment of conviction to the circuit court for thecounty in which the judgment is given, as prescribed in this chapter, and nototherwise. [Amended by 1985 c.342 §12; 1995 c.658 §87]
157.020Who may appeal; appealable judgments and orders. (1) Except asprovided in subsection (2) of this section, an appeal may be taken only by thedefendant and whether or not the judgment is that the defendant pay a fine orbe imprisoned.
(2)The plaintiff may take an appeal from:
(a)An order made before jeopardy attaches dismissing the accusatory instrument;
(b)An order arresting the judgment;
(c)An order made before jeopardy attaches suppressing evidence; or
(d)An order made before jeopardy attaches for the return or restoration of thingsseized. [Amended by 1959 c.196 §1; 1967 c.528 §1; 1971 c.644 §2; 1985 c.342 §13]
157.030Time and manner of taking appeal. The appeal is taken in the same mannerand within the same time as in the case of an appeal from a judgment in a civilaction, except that:
(1)The notice thereof shall be served upon the district attorney for the county,or the deputy of the district attorney, or upon the private prosecutor in the action;
(2)When the notice of appeal has been filed with the court from which the appealis being taken, the appellate court shall have jurisdiction of the cause.Failure to serve a notice of appeal on the appropriate attorney shall notpreclude jurisdiction in the appellate court; and
(3)No undertaking providing for the payment of costs and disbursements shall berequired. [Amended by 1989 c.123 §1]
157.040Justice’s duty as to making and delivering transcript. If thedefendant is in custody at the time the appeal is allowed, the justice shallmake the proper transcript and deliver it to the clerk of the appellate courtwithin 10 days from the date the appeal is taken. [Amended by 1985 c.342 §14]
157.050Effect of allowance of appeal. An allowance of an appeal does not staythe proceedings on the judgment unless the defendant:
(1)Makes a release agreement or a security release deposit as provided in ORS135.230 to 135.290; or
(2)Gives the security required by ORS 810.300 to 810.330 as an undertaking onappeal. [Amended by 1973 c.836 §338; 1974 c.35 §2; 1983 c.338 §895A]
157.060When appeal is perfected; amendment of pleadings in appellate court. From the filingof the transcript with the clerk of the appellate court the appeal is perfectedand the action is deemed pending therein for trial upon the issue tried in thejustice court. In a criminal action, the appellate court has the same authorityto allow an amendment of the pleadings on an appeal that it has on an appeal ina civil action. [Amended by 1985 c.342 §15]
157.065Powers of appellate court. The appellate court may give a final judgment inthe cause, to be enforced as a judgment of such court; or the appellate courtmay give such other judgment or order as may be proper, and direct that thecause be remitted to the court below for further proceedings in accordance withthe decision of the appellate court. [1959 c.558 §49; 1981 c.178 §10]
157.070Writ of review in criminal actions. No provision of ORS 157.010 to 157.065,in relation to appeals or the right to appeal in criminal actions, shall beconstrued to prevent either party in a justice court from having aninterlocutory order which involves the constitutionality of a statute or of theproceedings which may affect the final judgment or the judgment reviewed in thecircuit court for errors in law appearing upon the face of the judgment or theproceedings connected therewith, as provided in ORS 34.010 to 34.100. [Amendedby 1959 c.592 §1]
157.080 [Repealed by1975 c.611 §16 (157.081 enacted in lieu of 157.080)]
157.081 [1975 c.611 §17(enacted in lieu of 157.080); renumbered 46.810]
CHAPTERS158 TO 160 [Reserved for expansion]
_______________