Appeal on issue of constitutionality of charter provision or ordinance
In all cases involving the constitutionality of the charter provision or ordinance under which the conviction was obtained as indicated in ORS 221.359 (Appeals from conviction in municipal court), such person shall have the right of appeal to the circuit court in the manner provided in ORS 221.359 (Appeals from conviction in municipal court), regardless of any charter provision or ordinance prohibiting appeals from the municipal court because of the amount of the penalty or otherwise. An appeal may likewise be taken in such cases from the judgment or final order of the circuit court to the Court of Appeals in the same manner as other appeals are taken from the circuit court to the Court of Appeals in other criminal cases. Where the right of appeal in such cases depends upon there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only. [Amended by 1969 c.198 §78; 1985 c.342 §17]
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