(1) In any appeal from a judgment of forfeiture, review of any mitigation ordered by the trial court shall be limited to the following:
(a) Whether the findings of fact are supported by the evidence in the record.
(b) Whether the ultimate conclusion modifying or declining to modify the judgment submitted by the plaintiff was an abuse of discretion by the trial court.
(c) Whether the judgment complies with applicable constitutional limitations.
(2) An appellate court may reverse, affirm, modify or remand the provisions of a judgment of forfeiture relating to mitigation, but the appellate court may not consider arguments for mitigation of a judgment of forfeiture unless those arguments were timely raised by the motion provided for in ORS 475A.091. [2001 c.780 §37; 2003 c.576 §255; 2005 c.22 §352]
(Distribution of Forfeited Property and Proceeds)Section: Previous 475A.090 475A.091 475A.095 475A.096 475A.100 475A.105 475A.110 475A.111 475A.115 475A.120 475A.125 475A.126 475A.130 475A.135 475A.155 Next
Last modified: August 7, 2008