138.005 Definitions for ORS 138
301 words·~1 min read·
/or/ors-chapter-138/appeals-post-conviction-relief/138-005·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
138.005 Definitions for ORS 138.010 to 138.310. As used in ORS 138.010 to 138.310:
(1)Unless the context requires otherwise, the terms defined in ORS 19.005 have the meanings set forth in ORS 19.005.
(2)“Appealable” means, in reference to a judgment or order rendered by a trial court, that the judgment or order is, by law, subject to appeal by a party.
(3)“Colorable claim of error” means an argument that is plausible, grounded in the facts of the case, and reasonable under current law or a reasonable extension or modification of current law.
(4)“Reviewable” means, in reference to a particular decision of a trial court on appeal from an appealable judgment or order, that the appellate court may, by law, consider the decision and resolve an issue regarding the decision.
(5)“Sentence” means all legal consequences established or imposed by the trial court after conviction of an offense, including but not limited to:
(a)Forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution and community service; and
(b)Suspension of imposition or execution of any part of a sentence, extension of a period of probation, imposition of a new or modified condition of probation or of sentence suspension, and imposition or execution of a sentence upon revocation of probation or sentence suspension.
(6)“State” includes, in addition to the State of Oregon and when referencing a party:
(a)The county, in an appeal from a justice court that has become a court of record under ORS 51.025 in which the county is the plaintiff; and
(b)The city, in an appeal from a municipal court that has become a court of record under ORS 221.342 in which the city is the plaintiff. [1959 c.558 §35; 2017 c.529 §1; 2025 c.268 §32]