ORS 138.220¹
Scope of review

Upon an appeal, the judgment or order appealed from can be reviewed only as to questions of law appearing upon the record. [Amended by 1959 c.558 §40]

Notes of Decisions

When appellant fails to provide a record essential to review matters claimed to be error, the reviewing court will not speculate as to what the record might have shown. State v. Krohn, 15 Or App 63, 514 P2d 1359 (1973), Sup Ct review denied

In order for the ruling to be subject to review, the aggrieved party must: (1) Properly present his claim of error to the trial court for immediate resolu­tion or cure; and (2) see to it that the ruling has been properly preserved, designated as part of the record, and presented to the appellate court. State v. Longoria, 17 Or App 1, 520 P2d 912 (1974), Sup Ct review denied

A reporter should be available for transcrip­tion in the event that any por­tion of a crim­i­nal pro­ceed­ing serves as the basis of an assign­ment of error, but the con­duct of any por­tion thereof off the record does not require reversal. State v. Longoria, 17 Or App 1, 520 P2d 912 (1974), Sup Ct review denied

Denial of a mo­tion for a new trial based upon irregularities at trial does not of itself preserve an issue for appellate review. State v. Longoria, 17 Or App 1, 520 P2d 912 (1974), Sup Ct review denied

Where no proper excep­tion is taken to the giving of instruc­tions in the trial court, the objec­tion cannot be raised on ap­peal in the absence of excep­tional circumstances. State v. Johnson/Mitchell, 17 Or App 242, 521 P2d 355 (1974), Sup Ct review denied

Completed Cita­tions

State v. Regan, 5 Or App 491, 484 P2d 861 (1971), Sup Ct review denied

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