Oregon Revised Statutes
The provisions of this chapter apply only to justice courts that have not become courts of record under ORS 51.025. Appeals of criminal judgments in justice courts that have become courts of record under ORS 51.025 shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts.
In a criminal action in a justice court, except where the judgment is given on a plea of guilty, an appeal may be taken from a judgment of conviction to the circuit court for the county in which the judgment is given, as prescribed in this chapter, and not otherwise.
Except as provided in subsection (2) of this section, an appeal may be taken only by the defendant and whether or not the judgment is that the defendant pay a fine or be imprisoned. The plaintiff may take an appeal from: An order made before jeopardy attaches dismissing the accusatory instrument; An order arresting the judgment; An order made before jeop…
The appeal is taken in the same manner and within the same time as in the case of an appeal from a judgment in a civil action, except that: 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; When the notice of appeal has been filed with the cour…
If the defendant is in custody at the time the appeal is allowed, the justice shall make the proper transcript and deliver it to the clerk of the appellate court within 10 days from the date the appeal is taken.
An allowance of an appeal does not stay the proceedings on the judgment unless the defendant: Makes a release agreement or a security release deposit as provided in ORS 135.230 to 135.290; or Gives the security required by ORS 810.300 to 810.330 as an undertaking on appeal.
From the filing of the transcript with the clerk of the appellate court the appeal is perfected and the action is deemed pending therein for trial upon the issue tried in the justice court. In a criminal action, the appellate court has the same authority to allow an amendment of the pleadings on an appeal that it has on an appeal in a civil action.
The appellate court may give a final judgment in the cause, to be enforced as a judgment of such court; or the appellate court may give such other judgment or order as may be proper, and direct that the cause be remitted to the court below for further proceedings in accordance with the decision of the appellate court.
No provision of ORS 157.010 to 157.065, in relation to appeals or the right to appeal in criminal actions, shall be construed to prevent either party in a justice court from having an interlocutory order which involves the constitutionality of a statute or of the proceedings which may affect the final judgment or the judgment reviewed in the circuit court fo…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.