2015 ORS 138.053¹
Judgments and orders that are subject to appeal

(1) A judgment, or order of a court, if the order is imposed after judgment, is subject to the appeal provisions and limitations on review under ORS 138.040 (Appeal by defendant generally) and 138.050 (Appeal from sentence on plea of guilty or no contest) if the disposition includes any of the following:

(a) Imposition of a sentence on conviction.

(b) Suspension of imposition or execution of any part of a sentence.

(c) Extension of a period of probation.

(d) Imposition or modification of a condition of probation or of sentence suspension.

(e) Imposition or execution of a sentence upon revocation of probation or sentence suspension.

(2) A disposition described under subsection (1) of this section is not subject to appeal after the expiration of the time specified in ORS 138.071 (Time within which appeal must be taken) for appealing from the judgment or order imposing it, except as may be provided in ORS 138.510 (Persons who may file petition for relief) to 138.680 (Short title).

(3) Notwithstanding ORS 138.040 (Appeal by defendant generally) and 138.050 (Appeal from sentence on plea of guilty or no contest), upon an appeal from a judgment or order described in subsection (1)(c) to (e) of this section, the appellate court may review the order that extended the period of the defendants probation, imposed or modified a condition of the defendants probation or sentence suspension or revoked the defendants probation or sentence suspension if the defendant shows a colorable claim of error in the proceeding from which the appeal is taken. [1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101]

Notes of Decisions

Where defendant was convicted in stipulated facts trial rather than after plea of guilty or no contest, ORS 138.050 (Appeal from sentence on plea of guilty or no contest) was inapplicable and sen­tence was reviewable on direct ap­peal under ORS 138.040 (Appeal by defendant generally) 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 (Motion) 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)


1 Legislative Counsel Committee, CHAPTER 138—Appeals; Post-Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors138.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano138.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.