Oregon Statutes 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:
Terms Used In Oregon Statutes 138.085
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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]