Oregon Statutes 147.535 – Appeals generally
(1)(a) Notwithstanding any other provision of law and except as provided in paragraph (b) of this subsection, appellate review of an order issued under ORS § 147.515, 147.520 or 147.530 shall be solely as provided in this section and ORS § 147.537, 147.539 and 147.542.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 147.535
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) A defendant who seeks to appeal an order issued under ORS § 147.515, 147.520 or 147.530 must do so in the manner provided for appeals in ORS Chapter 138. The provisions of this section and ORS § 147.537, 147.539 and 147.542 do not apply to an appeal under ORS Chapter 138.
(c) Nothing in ORS § 147.500 to 147.550 affects the ability of a defendant to petition for a writ of mandamus.
(2) Jurisdiction for appellate review of an order issued under ORS § 147.515, 147.520 or 147.530 is vested originally and exclusively in the Supreme Court.
(3) Subject to ORS § 147.542, the jurisdiction of the Supreme Court is limited to the order for which appellate review is sought and the trial court retains jurisdiction over all other matters in the criminal proceeding.
(4) Appellate review of an order issued under ORS § 147.515, 147.520 or 147.530 shall be as provided in:
(a) ORS § 147.537 if the order was issued under ORS § 147.520 or 147.530 in a criminal proceeding in which a defendant is charged with a felony or a person Class A misdemeanor, as that term is defined by rule of the Oregon Criminal Justice Commission, and the order arises from a motion or claim alleging a violation that occurred prior to the pronouncement in open court of the sentence or disposition after a plea, admission or trial in the criminal proceeding.
(b) ORS § 147.539 in all appeals arising under ORS § 147.500 to 147.550 except those described in paragraph (a) of this subsection.
(5) The victim, the state or any person against whom relief was ordered has standing to seek appellate review of an order unless, after notice and a reasonable opportunity to be heard on the claim or motion that resulted in the order or a related claim or motion, the person or party seeking appellate review did none of the following:
(a) Inform the court of a claim.
(b) File a response under ORS § 147.517 (4).
(c) File a motion under ORS § 147.522.
(d) Participate in a hearing under ORS § 147.530.
(6) Pursuant to ORS § 180.060, the Attorney General shall appear for the state in all appeals under this section and ORS § 147.537, 147.539 and 147.542. [2009 c.178 § 13; 2013 c.224 § 3]
See note under 147.500.