2007 ORS § 138.160¹
Appeal by state as stay of judgment or order
  • release

An appeal taken by the state stays the effect of the judgment or order in favor of the defendant, so that the release agreement and, if applicable, the security for release, is held for the appearance and surrender of the defendant until the final determination of the appeal and the proceedings consequent thereon, if any; but if the defendant is in custody, the defendant may be released by the court subject to ORS 135.230 (Definitions for ORS 135.230 to 135.290) to 135.290 (Punishment by contempt of court), pending the appeal. [Amended by 1959 c.638 §20; 1973 c.836 §278]