ORS 138.020¹
Who may appeal

Either the state or the defendant may as a matter of right appeal from a judgment in a criminal action in the cases prescribed in ORS 138.010 (Mode of review) to 138.310 (Notice to court below when public defense services executive director certifies costs, expenses or compensation), and not otherwise.

Notes of Decisions

Appellate court hearing of an ap­peal by defendant made after verdict but before sen­tence is inappropriate because the defendant can ap­peal only from a "judg­ment" or "judge on a con­vic­­tion." State v. McFarland, 10 Or App 90, 497 P2d 1283 (1972), Sup Ct review denied

Where ap­peal may be taken as matter of statutory right, appellate court retains discre­tion to dismiss ap­peal of fugitive from justice. State v. Sterner, 124 Or App 439, 862 P2d 1321 (1993), Sup Ct review denied

Court may not automatically dismiss ap­peal of former fugitive but may dismiss where former fugitive status of defendant interferes with appellate process. State v. Lundahl, 130 Or App 385, 882 P2d 644 (1994); State v. Ristick, 204 Or App 626, 131 P3d 762 (2006)

Where ag­gra­vat­ed mur­der case is remanded for new penalty-phase pro­ceed­ing, ruling by court prior to start of pro­ceed­ing is ruling made prior to trial for state ap­peal purposes. State ex rel Carlile v. Frost, 326 Or 607, 956 P2d 202 (1998)

1 Legislative Counsel Committee, CHAPTER 138—Appeals; Post-Conviction Relief, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors138.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 138, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­138ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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