(1) A judgment, or order of a court, if the order is imposed after judgment, is subject to the appeal provisions and limitations on review under ORS 138.040 and 138.050 if the disposition includes any of the following:
(a) Imposition of a sentence on conviction.
(b) Suspension of imposition or execution of any part of a sentence.
(c) Extension of a period of probation.
(d) Imposition or modification of a condition of probation or of sentence suspension.
(e) Imposition or execution of a sentence upon revocation of probation or sentence suspension.
(2) A disposition described under subsection (1) of this section is not subject to appeal after the expiration of the time specified in ORS 138.071 for appealing from the judgment or order imposing it, except as may be provided in ORS 138.510 to 138.680.
(3) Notwithstanding ORS 138.040 and 138.050, upon an appeal from a judgment or order described in subsection (1)(c) to (e) of this section, the appellate court may review the order that extended the period of the defendant’s probation, imposed or modified a condition of the defendant’s probation or sentence suspension or revoked the defendant’s probation or sentence suspension if the defendant shows a colorable claim of error in the proceeding from which the appeal is taken. [1989 c.849 §3; 1993 c.14 §16; 2001 c.644 §2; 2003 c.737 §101]
Section: Previous 138.005 138.010 138.012 138.020 138.030 138.040 138.050 138.053 138.057 138.060 138.070 138.071 138.080 138.081 138.083 NextLast modified: August 7, 2008