Oregon Code § 138.035·Enacted ·Last updated March 01, 2026
Statute Text
Appeal
by defendant.
(1)(a) A defendant may take an appeal from the circuit court, or from a
municipal court or a justice court that has become a court of record under ORS
51.025 or 221.342, to the Court of Appeals from a judgment:
(A) Conclusively
disposing of all counts in the accusatory instrument or conclusively disposing
of all counts severed from other counts;
(B) Convicting
the defendant of at least one count; and
(C) Imposing
sentence on all counts of which the defendant was convicted.
(b) 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.
(2)(a) A
defendant may appeal a judgment ordering payment of restitution but not
specifying the amount of restitution.
(b) A defendant
may appeal a supplemental judgment awarding restitution.
(3) 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.
(4) A defendant
may appeal an amended or corrected judgment entered after the judgment of
conviction and sentence.
(5) A defendant
may cross-appeal when the state appeals pursuant to ORS 138.045 (1)(d). [2017
c.529 §3]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 138.035
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Appeal
. Read the full statute text above for details.
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