Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by Findlaw Staff
(1) Except as otherwise provided in ORS 135.335, a defendant who has pleaded guilty or no contest may take an appeal from a judgment or order described in ORS 138.053 only when the defendant makes a colorable showing that the disposition:
(a) Exceeds the maximum allowable by law; or
(b) Is unconstitutionally cruel and unusual.
(2) If the judgment or order described under ORS 138.053 is in the:
(a) Circuit court, the appeal shall be taken to the Court of Appeals.
(b) Justice court or municipal court, the appeal shall be taken to the circuit court for the county.
(3) On appeal under subsection (1) of this section, the appellate court shall consider only whether the disposition:
(a) Exceeds the maximum allowable by law; or
(b) Is unconstitutionally cruel and unusual.
(4) If the appellate court determines the disposition imposed does exceed the maximum allowable by law or is unconstitutionally cruel and unusual, the appellate court shall direct the court from which the appeal is taken to impose the disposition that should be imposed.
Cite this article: FindLaw.com - Oregon Revised Statutes Procedure in Criminal Matters Generally § 138.050 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-14-procedure-in-criminal-matters-generally/or-rev-st-sect-138-050/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)