Oregon Appellate Ct - Sept 8, 2016

Revision as of 10:28, September 12, 2016

Appeal and Review - Revocation of Conditional Discharge Not Reviewable on Appeal

The court dismisses defendant's appeal from the revocation of conditional discharge after concluding that review is precluded by ORS 138.050. Defendant pleaded guilty to PCS and entered into a drug court program. The trial court entered a judgment of conditional discharge which convicted defendant but the conviction was not entered. The trial court also imposed 18 months of probation. Defendant repeatedly failed to comply with the terms of the conditional discharge but it was not revoked. The probation term ultimately expired, however, neither the state nor defendant moved to discharge the conviction. Defendant again failed to comply and, several months after probation expired, the trial court revoked the conditional discharge, convicted defendant, and imposed 18 months of probation. Defendant appealed.

The court holds that the limitations on appeal following a guilty plea in ORS 138.050 preclude review of defendant's appeal. Defendant had argued that review was permitted under ORS 138.053(3), which allows review of orders extending, modifying, or revoking probation if defendant shows a colorable claim of error. The court rejects that argument because here, defendant was appealing the entry of a judgment of conviction, and defendant had pleaded guilty.

State v. Herrera, 280 Or App 830 (2016) (Haselton, S.J.)

Civil Commitment - Sufficiency of Evidence - Per Curiam

State conceded that evidence was legally insufficient for involuntary commitment and the court reverses the judgment.

State v. G.B., 280 Or App 845 (2016) (per curiam)