Oregon § 138.085 Content requirements for certain notices of appeal

Oregon Statutes

§ 138.085 — Content requirements for certain notices of appeal

Oregon § 138.085

Vol.4

Title 14Procedure in Criminal Matters Generally

Ch. 138Appeals; Post-Conviction Relief

This text of Oregon § 138.085 (Content requirements for certain notices of appeal) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 138.085 (2026).

Text

(1)If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must:

(a)Include a statement that the defendant has reserved an issue for appeal under ORS 135.335; or

(b)Identify a colorable claim of error reviewable under ORS 138.105.

(2)If a defendant appeals from any of the following judgments or orders, the notice of appeal must identify a colorable claim of error reviewable under ORS 138.105.

(a)A trial court’s judgment or order:

(A)Revoking probation;

(B)Extending the period of probation;

(C)Imposing a new condition of probation;

(D)Modifying an existing condition of probation; or

(E)Revoking a sentence suspension; or

(b)A judgment resentencing the defendant pursuant to a decision by an appellate court or a circuit cour

Free access — add to your briefcase to read the full text and ask questions with AI

(1) If a defendant appeals a judgment of conviction based only on a plea of guilty or no contest, the notice of appeal must:
(a) Include a statement that the defendant has reserved an issue for appeal under ORS 135.335; or
(b) Identify a colorable claim of error reviewable under ORS 138.105.
(2) If a defendant appeals from any of the following judgments or orders, the notice of appeal must identify a colorable claim of error reviewable under ORS 138.105.
(a) A trial court’s judgment or order:
(A) Revoking probation;
(B) Extending the period of probation;
(C) Imposing a new condition of probation;
(D) Modifying an existing condition of probation; or
(E) Revoking a sentence suspension; or
(b) A judgment resentencing the defendant pursuant to a decision by an appellate court or a circuit court granting post-conviction relief.
(3) The requirements of subsections (1) and (2) of this section are not jurisdictional, but the appellate court may dismiss the appeal if the notice of appeal fails to contain the required statement or fails to identify the colorable claim of error and the defendant fails to correct the deficiency after having been given the opportunity to do so.