221.394 Circuit court proceedings in case charging violation or misdemeanor
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/or/ors-chapter-221/appeals/221-394·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
221.394 Circuit court proceedings in case charging violation or misdemeanor. Except as provided in ORS 221.405:
(1)On appeal of a matter in a case charging a violation or misdemeanor, the circuit court shall try the matter pursuant to the statutes that prescribe the procedure for trial of violations or misdemeanors, respectively, in the circuit court, except that the prosecution may be handled by an attorney provided by the city that enacted the ordinance or adopted the provision of a charter the defendant was convicted of violating.
(2)On appeal by the defendant of a judgment of conviction and sentence for a violation or misdemeanor defined by state law or by a law enacted by a city, if the defendant is convicted, the circuit court may impose any sentence within the limits prescribed by state law or by charter or ordinance of the city. If the circuit court determines that the defendant is guilty of a violation, the circuit court shall comply with ORS 153.018, 153.019, 153.020 and 153.021 in imposing the sentence. [2025 c.268 §44a]