2011 ORS § 138.040¹
Appeal by defendant generally
  • reviewable matters

Except as provided under ORS 138.050 (Appeal from sentence on plea of guilty or no contest), the defendant may appeal to the Court of Appeals from a judgment or order described under ORS 138.053 (Judgments and orders that are subject to appeal) in a circuit court, and may cross-appeal when the state appeals pursuant to ORS 138.060 (Appeal by state) (1)(c) or (2)(a). The following apply upon such appeal or cross-appeal:

(1) The appellate court may review:

(a) Any decision of the court in an intermediate order or proceeding.

(b) Any disposition described under ORS 138.053 (Judgments and orders that are subject to appeal) as to whether it:

(A) Exceeds the maximum allowable by law; or

(B) Is unconstitutionally cruel and unusual.

(2) If the appellate court determines the disposition imposed exceeds 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. [Amended by 1959 c.558 §36; 1963 c.207 §1; 1969 c.198 §62; 1971 c.565 §19; 1977 c.372 §13; 1977 c.752 §1; 1985 c.348 §1; 1989 c.849 §4; 2001 c.870 §6]