ORS 138.053¹
(Title not available: statute has been repealed or renumbered.)

[1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101; repealed by 2017 c.529 §26]


Repealed as of January 1, 2018

Notes of Decisions

Where defendant was convicted in stipulated facts trial rather than after plea of guilty or no contest, [former] ORS 138.050 was inapplicable and sen­tence was reviewable on direct ap­peal under [former] ORS 138.040 and this sec­tion. Schantz v. Maass, 114 Or App 167, 834 P2d 508 (1992)

Condi­tional discharge under ORS 475.245 (Conditional discharge) does not occur after judg­ment and therefore is not ap­pealable. State v. Spencer/Fenner, 130 Or App 158, 881 P2d 154 (1994)

Where program comple­tion is alternative to entry of con­vic­­tion, order terminating program participa­tion is not reviewable. State v. Balukovic, 153 Or App 253, 956 P2d 250 (1998)

Order denying post-judg­ment mo­tion for DNA testing under ORS 138.690 (Commencement of DNA testing proceedings) is not ap­pealable disposi­tion. State v. Johnson, 254 Or App 447, 295 P3d 677 (2013), Sup Ct review denied

Appealable disposi­tion does not include order denying mo­tion for relief from default. State v. Nelson, 254 Or App 645, 295 P3d 684 (2013)

Where defendant pleaded guilty and court entered into judg­ment of condi­tional discharge and sub­se­quently terminated defendant’s condi­tional discharge and convicted defendant based on defendant’s guilty plea but without initiating revoca­tion pro­ceed­ings before expira­tion of period of condi­tional discharge, this sec­tion does not confer appellate jurisdic­tion; rather, ORS 138.050 controls and precludes appellate considera­tion of defendant’s challenge where gravamen of ap­peal challenges only entry of judg­ment of con­vic­­tion. State v. Herrera, 280 Or App 830, 383 P3d 301 (2016), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 138—Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano138.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information