Oregon Statutes 138.115 – Appeal by state
(1) On appeal by the state, the appellate court has authority to review the judgment or order being appealed, subject to the provisions of this section.
Terms Used In Oregon Statutes 138.115
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
(2) The appellate court has authority to review only questions of law appearing on the record.
(3) Except as otherwise provided in this section, the appellate court has authority to review any intermediate decision involving the merits of, or necessarily affecting, the judgment or order from which the appeal is taken.
(4)(a) Except as provided in paragraph (b) of this subsection, on appeal from a judgment of conviction of any felony, the appellate court has authority to review only the sentence as provided by subsections (5) and (6) of this section.
(b) The appellate court has authority to review whether the trial court erred in merging determinations of guilt of two or more offenses, unless the merger of determinations of guilt resulted from an agreement between the state and the defendant.
(5) Except as otherwise provided in subsections (6) and (7) of this section, the appellate court has authority to review the sentence imposed on conviction of any felony to determine whether the trial court failed to comply with requirements of law in imposing or failing to impose a sentence.
(6) Except as otherwise provided in subsection (7) of this section, for a sentence imposed on conviction of a felony committed on or after November 1, 1989:
(a) The appellate court has no authority to review:
(A) A sentence that is within the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission.
(B) A sentence of probation when the rules of the Oregon Criminal Justice Commission prescribe a presumptive sentence of imprisonment but allow a sentence of probation without departure.
(C) A sentence of imprisonment when the rules of the Oregon Criminal Justice Commission prescribe a presumptive sentence of imprisonment but allow a sentence of probation without departure.
(b) If the trial court imposed a sentence that departs from the presumptive sentence prescribed by the rules of the Oregon Criminal Justice Commission, the appellate court’s authority to review is limited to whether the trial court’s findings of fact and reasons justifying a departure from the sentence prescribed by the rules of the Oregon Criminal Justice Commission:
(A) Are supported by the evidence in the record; and
(B) Constitute substantial and compelling reasons for departure.
(c) Notwithstanding paragraph (a) of this subsection, the appellate court has authority to review whether the sentencing court erred:
(A) In ranking the crime seriousness classification of the current crime or in determining the appropriate classification of a prior conviction or juvenile adjudication for criminal history purposes.
(B) In imposing or failing to impose a minimum sentence prescribed by ORS § 137.700 or 137.707.
(7) The appellate court has no authority to review any part of a sentence resulting from a stipulated sentencing agreement between the state and the defendant.
(8)(a) On appeal from a corrected or amended judgment that is entered before expiration of the applicable period under ORS § 138.071 (1) or (2) during which the original judgment can be appealed, the appellate court has authority to review the judgment, including the corrections or amendments, as provided in this section.
(b) On appeal from a corrected or amended judgment that is entered after expiration of the applicable period under ORS § 138.071 (1) or (2) during which the original judgment was or could have been appealed, the appellate court has authority to review, as provided in this section, only the corrected or amended part of the judgment, any part of the judgment affected by the correction or amendment, or the trial court’s decision under ORS § 137.172 not to correct or amend the judgment.
(c) As used in this subsection, ‘judgment’ means any appealable judgment or order. [2017 c.529 § 14]
[Repealed by 2017 c.529 § 26]
[2013 c.151 § 1; renumbered 138.285 in 2017]
[Repealed by 1963 c.155 § 1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
[1963 c.155 § 2 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1967 c.372 § 5; 1969 c.198 § 66; 1977 c.752 § 4; 1999 c.1051 § 257; repealed by 2013 c.151 § 4]
[Amended by 1953 c.99 § 2; 1955 c.660 § 19; repealed by 1963 c.155 § 1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
[1963 c.155 § 3 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150); 1973 c.836 § 277; 1987 c.320 § 43; 2003 c.458 § 1; renumbered 138.305 in 2017]
[Repealed by 1963 c.155 § 1 (138.135 and 138.145 enacted in lieu of 138.130, 138.140 and 138.150)]
[Amended by 1959 c.638 § 20; 1973 c.836 § 278; renumbered 138.295 in 2017]
[Repealed by 1959 c.638 § 26]
[Repealed by 1959 c.558 § 51]
[1959 c.558 § 39; 1969 c.198 § 67; 1971 c.193 § 29; 1971 c.565 § 25; 1985 c.734 § 19; 1987 c.852 § 2; 1997 c.389 § 26; 2017 c.529 § 9; renumbered 138.015 in 2017]
[Repealed by 1959 c.558 § 51]
[Repealed by 1959 c.558 § 51]
(Authority of Appellate Court)