(2) The state may appeal to the Court of Appeals from a circuit court’s final order or judgment granting a motion for DNA testing under ORS 138.692 or granting a motion for a new trial under ORS 138.696.
(3) The time limits described in ORS 138.071, the notice requirements described in ORS 138.081 and 138.090 and the provisions of ORS 138.225, 138.227, 138.255 and 138.257 apply to appeals under this section unless the context requires otherwise.
(4) A circuit court shall appoint counsel to represent a person described in ORS 138.690 on appeal in the same manner as for criminal defendants under ORS 138.500. [2013 c.152 §1; 2015 c.564 §5; 2017 c.529 §25; 2019 c.368 §9]
Note: See note under 138.688.
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 138 - Appeals; Post-Conviction Relief
Section 138.005 - Definitions for ORS 138.010 to 138.310.
Section 138.035 - Appeal by defendant.
Section 138.045 - Appeal by state.
Section 138.057 - Appeal from judgment involving violation.
Section 138.071 - Time within which appeal must be taken.
Section 138.081 - Service and filing of notice of appeal.
Section 138.085 - Content requirements for certain notices of appeal.
Section 138.105 - Appeal by defendant.
Section 138.115 - Appeal by state.
Section 138.227 - Joint motion to vacate and remand.
Section 138.257 - Determination on appeal.
Section 138.261 - Time within which certain appeals must be decided.
Section 138.285 - Order staying execution of sentence.
Section 138.504 - Waiver of counsel; appointment of legal advisor.
Section 138.510 - Persons who may file petition for relief; time limit.
Section 138.525 - Dismissal of meritless petition.
Section 138.527 - Frivolous petition or response; attorney fees.
Section 138.550 - Availability of relief as affected by prior judicial proceedings.
Section 138.585 - Access to confidential jury records.
Section 138.590 - Petitioner may proceed as a financially eligible person.
Section 138.615 - Disclosure of witness information.
Section 138.625 - Victim testimony; contact with victim.
Section 138.627 - Victim’s rights.
Section 138.640 - Judgment; enforcement.
Section 138.665 - Remand for reconsideration of judgment or order; appeal.
Section 138.688 - Definitions.
Section 138.690 - Commencement of DNA testing proceedings; discovery.
Section 138.692 - Motion for DNA testing; declaration; court order; costs.
Section 138.694 - Appointed counsel.
Section 138.696 - Test results; motion for new trial.
Section 138.697 - Appeal of court order.
Section 138.698 - Effect of setting aside conviction on plea agreement.