(1) Except as otherwise provided in ORS 135.335, a defendant who has pleaded guilty or no contest may take an appeal from a judgment or order described in ORS 138.053 only when the defendant makes a colorable showing that the disposition:
(a) Exceeds the maximum allowable by law; or
(b) Is unconstitutionally cruel and unusual.
(2) If the judgment or order described under ORS 138.053 is in the:
(a) Circuit court, the appeal shall be taken to the Court of Appeals.
(b) Justice court or municipal court, the appeal shall be taken to the circuit court for the county.
(3) On appeal under subsection (1) of this section, the appellate court shall consider only whether the disposition:
(a) Exceeds the maximum allowable by law; or
(b) Is unconstitutionally cruel and unusual.
(4) If the appellate court determines the disposition imposed does exceed the maximum allowable by law or is unconstitutionally cruel and unusual, the appellate court shall direct the court from which the appeal is taken to impose the disposition that should be imposed. [Amended by 1969 c.198 §63; 1973 c.836 §275a; 1975 c.611 §23; 1977 c.372 §14; 1985 c.342 §20; 1985 c.348 §2; 1989 c.849 §5; 1995 c.658 §78; 1999 c.134 §3; 1999 c.788 §47; 2001 c.644 §1]
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