OREGON CRIMINAL APPEALS ATTORNEY

Oregon Rev. Stat. 138.071

(1) Except as provided in subsections (2), (3) and (4) of this section, the notice of appeal shall be served and filed not later than 30 days after the judgment or order appealed from was entered in the register. (2) If a motion for new trial or motion in arrest of judgment is served and filed the notice of appeal shall be served and filed within 30 days from the earlier of the following dates:

(a) The date of entry of the order disposing of the motion; or (b) The date on which the motion is deemed denied { - , as provided in ORS 136.535 - } .

(3) A defendant cross-appealing shall serve and file the notice of cross-appeal within 10 days of the expiration of the time allowed in subsection (1) of this section. (4) (a) Upon motion of a defendant, the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits described in subsections (1) to (3) of this section if:

(a) The defendant, by clear and convincing evidence, shows that the failure to file a timely notice of appeal is not attributable to the defendant personally; and (b) The defendant shows a colorable claim of error in the proceeding from which the appeal is taken. (b) A defendant shall not be entitled to relief under this subsection for failure to file timely notice of cross-appeal when the state appeals pursuant to ORS 138.060 (1)(c) or (2)(a). (c) The request for leave to file a notice of appeal after the time limits prescribed in subsections (1) to (3) of this section shall be filed no later than 90 days after entry of the order or judgment being appealed and shall be accompanied by the notice of appeal sought to be filed. A request for leave under this subsection may be filed by mail and shall be deemed filed on the date of mailing if the request is mailed as provided in ORS 19.260. (d) The court shall not grant relief under this subsection unless the state has notice and opportunity to respond to the defendant's request for relief. (e) The denial of a motion under paragraph (a) of this subsection shall be a bar to post-conviction relief under ORS 138.510 to 138.680 on the same ground, unless the court provides otherwise.

Other Oregon State Statutes

• Notice of Appeal

• Effects of a Drunk Driving Charge on Driver's License

• Statutory Rape Limitations

• Juvenile Court Jurisdiction

• Expungement