# ORS § 138.035: 138.035 Appeal by defendant

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.035

## Section

- **Citation:** ORS § 138.035
- **Heading:** 138.035 Appeal by defendant
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 14 / Chapter 138 / Section 138.035

## Text

(1) Intentionally left blank —Ed.

(a) A defendant may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 (Justice court as court of record) or 221.342 (Method by which municipal court becomes court of record) , to the Court of Appeals from a judgment:

(A) Conclusively disposing of all counts in the accusatory instrument or conclusively disposing of all counts severed from other counts;

(B) Convicting the defendant of at least one count; and

(C) Imposing sentence on all counts of which the defendant was convicted.

(b) For the purposes of this subsection, if the trial court merges a determination of guilt on one count with a determination of guilt on another count and imposes a sentence on the merged determinations of guilt, the trial court has conclusively disposed of the merged counts.

(2) Intentionally left blank —Ed.

(a) A defendant may appeal a judgment ordering payment of restitution but not specifying the amount of restitution.

(b) A defendant may appeal a supplemental judgment awarding restitution.

(3) A defendant may appeal a judgment or order extending a period of probation, imposing a new or modified condition of probation or of sentence suspension, or imposing or executing a sentence upon revocation of probation or sentence suspension.

(4) A defendant may appeal an amended or corrected judgment entered after the judgment of conviction and sentence.

(5) A defendant may cross-appeal when the state appeals pursuant to ORS 138.045 (Appeal by state) (1)(d). [2017 c.529 §3]

Source: Section 138.035 — Appeal by defendant , https://www.­oregonlegislature.­gov/bills_laws/ors/ors138.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 138.005 138.005 Definitions for ORS 138.010 to 138.310](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.005.md)
- [ORS § 138.010 138.010 Mode of review](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.010.md)
- [ORS § 138.015 138.015 Statutes applicable to appeals](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.015.md)
- [ORS § 138.020 138.020 Who may appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.020.md)
- [ORS § 138.030 138.030 Parties designated “appellant” and “respondent”](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.030.md)
- [ORS § 138.035 138.035 Appeal by defendant](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.035.md)
- [ORS § 138.045 138.045 Appeal by state](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.045.md)
- [ORS § 138.052 138.052 Appeal from judgment of conviction and sentence of death](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.052.md)
- [ORS § 138.057 138.057 Appeal from judgment involving violation](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.057.md)
- [ORS § 138.065 138.065 Appeal from judgment or order deciding special statutory proceeding](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.065.md)
- [ORS § 138.071 138.071 Time within which appeal must be taken](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.071.md)
- [ORS § 138.081 138.081 Service and filing of notice of appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.081.md)
- [ORS § 138.085 138.085 Content requirements for certain notices of appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.085.md)
- [ORS § 138.090 138.090 Signature to notice of appeal](https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.090.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.035. Check the current official text before relying on it. Not legal advice.