221.398 Scope of review in certain cases
292 words·~1 min read·
/or/ors-chapter-221/appeals/221-398·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
221.398 Scope of review in certain cases.
(1)On appeal by a defendant of any conviction based on a plea of guilty or no contest, the circuit court shall treat the plea as though it was entered in and accepted by the circuit court. If the defendant has included a claim of legal error in the notice of appeal as required by ORS 221.371 (1)(i), the circuit court shall sentence the defendant anew without determining whether the municipal court erred.
(2)At any sentencing proceeding in the circuit court, both parties shall be bound by any sentencing agreement that the parties entered into in the municipal court.
(3)On appeal by a defendant under ORS 221.389 (1)(b), the circuit court shall sentence the defendant anew.
(4)On appeal by a defendant under ORS 221.389 (1)(d):
(a)The circuit court shall proceed in the same manner as in an appeal from the original judgment or order.
(b)Notwithstanding paragraph
(a)of this subsection, if the appeal of the amended or corrected judgment or order is filed after expiration of the time period during which the original judgment or order could have been appealed, the circuit court may review only the amended or corrected part of the judgment or order and any part of the judgment or order affected by the amendment or correction.
(5)(a) On appeal by a defendant under ORS 221.389 (3), or by the prosecution under ORS 221.392 (3), the circuit court shall determine whether to grant relief in accordance with ORS 153.105 in the same manner as if the motion for relief had been originally filed in circuit court.
(b)The circuit court may hear evidence or admit exhibits necessary to make the determination on the matter. [2025 c.268 §46]