# ORS § 138.045: 138.045 Appeal by state

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.045

## Section

- **Citation:** ORS § 138.045
- **Heading:** 138.045 Appeal by state
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 14 / Chapter 138 / Section 138.045

## Text

(1) The state 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) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument;

(b) An order allowing a demurrer;

(c) An order arresting the judgment;

(d) An order made prior to trial suppressing evidence;

(e) An order made prior to trial for the return or restoration of things seized;

(f) For a felony committed on or after November 1, 1989, a judgment, amended judgment or corrected judgment of conviction;

(g) For any felony, a judgment, amended judgment, supplemental judgment, corrected judgment or post-judgment order, that denied restitution or awarded less than the amount of restitution requested by the state;

(h) An order or judgment in a probation revocation hearing finding that a defendant who was sentenced to probation under ORS 137.712 (Exceptions to ORS 137.700 and 137.707) has not violated a condition of probation by committing a new crime;

(i) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument; or

(j) An order granting a new trial.

(2) Notwithstanding subsection (1) of this section, when the state chooses to appeal an order described in subsection (1)(a), (b) or (d) of this section, the state shall take the appeal to the Supreme Court if the defendant is charged with murder or aggravated murder. [Formerly 138.060]

Source: Section 138.045 — Appeal by state , 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)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T14_C138_S138.045. Check the current official text before relying on it. Not legal advice.