221.389 Appeal and cross-appeal by defendant; cases involving constitutionality of charter provision or ordinance
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221.389 Appeal and cross-appeal by defendant; cases involving constitutionality of charter provision or ordinance.
(1)Except as provided in subsection
(6)of this section, in a proceeding involving a violation or misdemeanor, a defendant may appeal from:
(a)A judgment convicting the defendant of one or more charges and imposing sentence, regardless of the type of sentence imposed.
(b)A judgment ordering payment of restitution but not specifying the amount of restitution, or a supplemental judgment awarding restitution.
(c)A judgment or order imposing or executing a sentence upon revocation of probation or sentence suspension.
(d)A judgment or order that is an amended or corrected version of a judgment or order described in paragraphs
(a)to
(c)of this subsection.
(2)A defendant may appeal as provided in ORS 221.405 (3).
(3)In a proceeding involving a violation, the defendant may appeal an order denying a motion for relief from default under ORS 153.105.
(4)A defendant may cross-appeal when the prosecution appeals an order prior to trial suppressing evidence as provided in ORS 221.392 (2)(c). The failure to file a cross-appeal under this subsection does not waive a defendant’s right to assign error to a particular ruling of the municipal court on appeal from the judgment of conviction and sentence.
(5)Whenever a person is convicted in the municipal court of any city of an offense defined and made punishable by a city charter or ordinance, that person has the same right of appeal to the circuit court as for a conviction of an offense defined by state law.
(6)In all cases involving the constitutionality of the charter provision or ordinance under which the conviction was obtained as indicated in subsection
(5)of this section, such person shall have the right of appeal to the circuit court in the manner provided in subsection
(5)of this section, regardless of any charter provision or ordinance prohibiting appeals from the municipal court because of the amount of the penalty or otherwise. An appeal may likewise be taken in such cases from the judgment or final order of the circuit court to the Court of Appeals in the same manner as other appeals are taken from the circuit court to the Court of Appeals in other criminal cases. Where the right of appeal in such cases depends on there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only. [2025 c.268 §43a]