ORS 55.255 Appeal by state or county

In a proceeding involving a violation or misdemeanor, the prosecution may appeal from:

An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument.

An order allowing a demurrer.

An order made prior to trial suppressing evidence.

An order made prior to trial for the return or restoration of things seized.

An order arresting the judgment.

An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument.

An order granting a new trial.

In a proceeding involving a violation, the prosecution may appeal an order granting a defendant’s motion for relief from default under ORS 153.105.

Notwithstanding subsection (1) of this section, the state or the county may not appeal the dismissal of a violation by reason of a police officer’s failure to appear at the trial on the matter if the police officer was timely provided with notice of the trial date.