City of Eugene v. Faerold

Court of Appeals of Oregon

City of Eugene v. Faerold

432 P.3d 394, 295 Or. App. 572

CourtCourt of Appeals of Oregon

DecidedJanuary 3, 2019

DocketA165664

StatusPublished

This text of 432 P.3d 394 (City of Eugene v. Faerold) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Eugene v. Faerold, 432 P.3d 394, 295 Or. App. 572 (Or. Ct. App. 2019).

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Opinion

PER CURIAM

*573Defendant, who was convicted of second-degree animal neglect in the Eugene Municipal Court, appealed to the circuit court where she was again convicted after a trial de novo . Defendant now appeals her conviction to this court. "Under ORS 221.360, when a defendant has been convicted in municipal court, and then convicted in circuit court following a trial de novo , we have jurisdiction to review the circuit court judgment only if the defendant is challenging the constitutionality of the ordinance he was convicted of violating." City of Eugene v. Smyth , 239 Or. App. 175, 181, 243 P.3d 854 (2010), rev. den. , 350 Or 230, 253 P.3d 1079 (2011) (emphasis added). Because, on appeal, defendant does not challenge the constitutionality of the ordinance she was convicted of violating, *395we do not have jurisdiction over this appeal and, accordingly, we dismiss.

Appeal dismissed.

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PER CURIAM

*573Defendant, who was convicted of second-degree animal neglect in the Eugene Municipal Court, appealed to the circuit court where she was again convicted after a trial de novo . Defendant now appeals her conviction to this court. "Under ORS 221.360, when a defendant has been convicted in municipal court, and then convicted in circuit court following a trial de novo , we have jurisdiction to review the circuit court judgment only if the defendant is challenging the constitutionality of the ordinance he was convicted of violating." City of Eugene v. Smyth , 239 Or. App. 175, 181, 243 P.3d 854 (2010), rev. den. , 350 Or 230, 253 P.3d 1079 (2011) (emphasis added). Because, on appeal, defendant does not challenge the constitutionality of the ordinance she was convicted of violating, *395we do not have jurisdiction over this appeal and, accordingly, we dismiss.

Appeal dismissed.

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Bluebook (online)

432 P.3d 394, 295 Or. App. 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-eugene-v-faerold-orctapp-2019.

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