Chapter 157

157.010

NOTES OF DECISIONS

The circuit court lacked jurisdiction to insure a writ of review concerning district court order denying defendant’s motion for leave to withdraw his guilty plea in a criminal proceeding. Humphreys v. State of Oregon, 19 Or App 630, 528 P2d 1094 (1974)

157.020

NOTES OF DECISIONS

District court’s suppression of evidence is a final determination and has res judicata effect if the state does not appeal. State v. Swain/Goldsmith, 267 Or 527, 517 P2d 684 (1974)

Where state appealed from district court’s suppression of evidence pursuant to this section, but failed to appeal to Court of Appeals from circuit court’s affirmance of the order of suppression, state may not raise suppression issue in later de novo trial in circuit court. State v. Krey, 18 Or App 22, 523 P2d 600 (1974)

157.030

NOTES OF DECISIONS

Where defendant served city attorney rather than district attorney with notice of appeal from municipal court conviction, appeal was not properly filed. City of Pendleton v. Martin, 46 Or App 181, 611 P2d 318 (1980), Sup Ct review denied

ATTY. GEN. OPINIONS: Validity of circuit court fee for criminal appeal from district court, (1975) Vol 37, p 595

157.060

NOTES OF DECISIONS

On appeal from district court to circuit court, criminal matters are heard de novo on the issues determined below and, for such purpose, evidence not presented in the district court upon such issues may be admitted in circuit court. State v. Phillips, 21 Or App 167, 534 P2d 214 (1975)

157.065

NOTES OF DECISIONS

The circuit court may impose a greater sentence than that imposed by the justice court, if that sentence was not imposed to penalize defendant for exercising the right to a de novo appeal. State v. Ehrhard, 15 Or App 116, 514 P2d 1348 (1973)

This section renders circuit court disposition of appeal of municipal court order in arrest of judgment an order of trial court which may be appealed by city. City of Toledo v. Richards, 40 Or App 71, 594 P2d 422 (1979), Sup Ct review denied

157.070

NOTES OF DECISIONS

Writ of review was appropriate where plaintiff was sentenced for both driving under the influence of intoxicating liquor and driving with .15 percent or more by weight of alcohol in his blood, both offenses arising out of the same course of conduct. Doran v. State, 270 Or 758, 529 P2d 928 (1974)

The circuit court lacked jurisdiction to issue a writ of review concerning district court order denying defendant’s motion for leave to withdraw his guilty plea in a criminal proceeding. Humphreys v. State of Oregon, 19 Or App 630, 528 P2d 1094 (1974)

Since the district court record did not disclose an interlocutory order of any kind or any “errors in law appearing upon the face of the judgment or the proceedings connected therewith,” the circuit court order after hearing on writ of review could not be sustained; existence of a summary of proceedings not a part of the record was immaterial. Carter v. Reeves, 20 Or App 450, 532 P2d 31 (1975)

This section does not apply to review of municipal court interlocutory orders. Scott v. Thompson, 30 Or App 291, 567 P2d 555 (1977), Sup Ct review denied