Chapter 138 — Appeals; Post-Conviction Relief
ORS 138.035 Appeal by defendant
Conclusively disposing of all counts in the accusatory instrument or conclusively disposing of all counts severed from other counts;
Convicting the defendant of at least one count; and
Imposing sentence on all counts of which the defendant was convicted.
For the purposes of this subsection, if the trial court merges a determination of guilt on one count with a determination of guilt on another count and imposes a sentence on the merged determinations of guilt, the trial court has conclusively disposed of the merged counts.
A defendant may appeal a judgment ordering payment of restitution but not specifying the amount of restitution.
A defendant may appeal a supplemental judgment awarding restitution.
A defendant may appeal a judgment or order extending a period of probation, imposing a new or modified condition of probation or of sentence suspension, or imposing or executing a sentence upon revocation of probation or sentence suspension.
A defendant may appeal an amended or corrected judgment entered after the judgment of conviction and sentence.
A defendant may cross-appeal when the state appeals pursuant to ORS 138.045 (1)(d).
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Provenance
2025 Oregon Revised Statutes — official online source
Official online edition
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Version history
Earlier statutory text is available in an ingested published ORS edition.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source