2.570, the Chief Judge of the Court of Appeals may deny or, if the petitioner does not oppose the motion, grant a respondent�s motion for summary affirmation. A dismissal of appeal under this section

2.570, the Chief Judge of the Court of Appeals may deny or, if the petitioner does not oppose the motion, grant a respondent�s motion for summary affirmation. A dismissal of appeal under this section constitutes a decision upon the merits of the appeal. [1995 c.295 �2]

����� 138.227 Joint motion to vacate and remand. (1) On joint motion of the parties to an appeal in a criminal case, the appellate court may vacate the judgment or order from which the appeal was taken and remand the matter to the trial court to reconsider the judgment or order, or any intermediate decision by the trial court. On remand, the trial court shall have jurisdiction to enter a modified judgment or order, or to reenter the vacated judgment or order.

����� (2) After entry of a judgment or order under subsection (1) of this section, either party may appeal in the same time and manner as an appeal from the original judgment or order. [1995 c.295 �3; 2017 c.529 �16]

����� 138.230 [Repealed by 2017 c.529 �26]

����� 138.240 [Repealed by 2017 c.529 �26]

����� 138.250 [Amended by 1973 c.836 �279; repealed by 2017 c.529 �26]

����� 138.255 Court of Appeals certification of appeal to Supreme Court in lieu of disposition; party request for Supreme Court review. (1) An appeal to the Court of Appeals may be certified to the Supreme Court, and the Supreme Court may accept or deny acceptance of the certified appeal, as provided in ORS 19.405.

����� (2) At any time before the State Court Administrator sends notice to the parties of the date of oral argument or, if the case is not orally argued, the date that the State Court Administrator delivers the briefs to the Court of Appeals for decision, a party may request the Supreme Court to take and decide an appeal taken by the state under ORS 138.045 (1). In determining whether to accept an appeal under this subsection, the Supreme Court shall consider, in addition to other factors that the Supreme Court deems appropriate:

����� (a) Whether the defendant is charged with a Class A felony listed under ORS 137.700 or 137.707;

����� (b) The extent to which the case presents speedy trial concerns; and

����� (c) The extent to which the case presents a significant issue of law. [1981 c.550 �4; 2001 c.870 �4c]

����� 138.257 Determination on appeal. (1) Except as otherwise provided in this section, the appellate court may affirm, reverse, vacate or modify the judgment or order, or any part thereof, from which the appeal was taken.

����� (2) Subject to Article VII (Amended), section 3, Oregon Constitution, the appellate court shall not reverse, modify or vacate a trial court judgment or order if there is little likelihood that any error affected the outcome.

����� (3) Except as provided in subsection (4) of this section, if the court reverses, vacates or modifies a judgment or order, or any part thereof, the court may do so with or without remanding the case and with or without instructions.

����� (4)(a) The appellate court shall remand the case to the trial court:

����� (A) If the appellate court, in a case involving multiple convictions, reverses at least one conviction and affirms at least one other conviction.

����� (B) If the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing.

����� (b) In a case remanded under this section, the trial court, after issuance of the appellate judgment, may impose a new sentence for any conviction.

����� (5) If the appellate court reverses a conviction without remanding, upon issuance of the appellate judgment, the trial court shall follow the procedures described in ORS 135.680 concerning the defendant�s release. [2017 c.529 �15]

����� 138.260 [Repealed by 1981 c.178 �18]

����� 138.261 Time within which certain appeals must be decided. (1) When a defendant is charged with a felony and is in custody pending an appeal under ORS 138.045 (1)(a), (b) or (d), the Court of Appeals and the Supreme Court shall decide the appeal within the time limits prescribed by this section.

����� (2)(a) Pursuant to rules adopted by the Court of Appeals, the Court of Appeals shall ensure that the appeal is fully briefed no later than 90 days after the date the transcript is settled under ORS 19.370.

����� (b) Notwithstanding paragraph (a) of this subsection, the Court of Appeals may allow more than 90 days after the transcript is settled to fully brief the appeal if it determines that the ends of justice served by allowing more time outweigh the best interests of the public, the parties and the victim of the crime.

����� (3) The Court of Appeals shall decide the appeal no later than 180 days after the date of oral argument or, if the appeal is not orally argued, the date that the State Court Administrator delivers the briefs to the Court of Appeals for decision. Any reasonable period of delay incurred by the Court of Appeals on its own motion or at the request of one of the parties is excluded from the 180-day period within which the Court of Appeals is required to issue a decision if the Court of Appeals determines that the ends of justice served by a decision on a later date outweigh the best interests of the public, the parties and the victim of the crime.

����� (4)(a) In determining whether to allow more than 90 days after the transcript is settled to fully brief the appeal or more than 180 days after oral argument or delivery of the briefs to decide the appeal, the Court of Appeals shall consider whether:

����� (A) The appeal is unusually complex or presents novel questions of law so that the prescribed time limit is unreasonable; and

����� (B) The failure to extend the time limit would likely result in a miscarriage of justice.

����� (b) If the Court of Appeals decides to allow additional time to fully brief the appeal or to decide the appeal, the Court of Appeals shall state the reasons for doing so in writing and shall serve a copy of the writing on the parties.

����� (5) If the Supreme Court allows review of a decision of the Court of Appeals on an appeal described in subsection (1) of this section, the Supreme Court shall issue its decision on review no later than 180 days after the date of oral argument or, if the review is not orally argued, the date the State Court Administrator delivers the briefs to the Supreme Court for decision. Any reasonable period of delay incurred by the Supreme Court on its own motion or at the request of one of the parties is excluded from the 180-day period within which the Supreme Court is required to issue a decision if the Supreme Court determines that the ends of justice served by a decision on a later date outweigh the best interests of the public, the parties and the victim of the crime.

����� (6) In an appeal by the state under ORS 138.045 (2), the Supreme Court shall issue its decision no later than one year after the date of oral argument or, if the appeal is not orally argued, the date that the State Court Administrator delivers the briefs to the Supreme Court for decision.

����� (7)(a) In determining whether to allow more than 180 days after oral argument or delivery of the briefs to decide the review, the Supreme Court shall consider whether:

����� (A) The review is unusually complex or presents novel questions of law so that the prescribed time limit is unreasonable; and

����� (B) The failure to extend the time limit would likely result in a miscarriage of justice.

����� (b) If the Supreme Court decides to allow additional time to decide the review, the Supreme Court shall state the reasons for doing so in writing and shall serve a copy of the writing on the parties.

����� (8) Failure of the Court of Appeals or the Supreme Court to decide an appeal or review within the time limits prescribed in this section is not a ground for dismissal of the appeal or review.

����� (9) Any delay sought or acquiesced in by the defendant does not count against the state with respect to any statutory or constitutional right of the defendant to a speedy trial. [2001 c.870 �4b; 2017 c.529 �17; 2019 c.399 �1]

����� 138.265 [1981 c.178 �6; repealed by 1985 c.734 �20]

����� 138.270 [Amended by 1981 c.178 �7; repealed by 1985 c.734 �20]

(Miscellaneous)

����� 138.275 Notice to parties concerning modified judgment or order or supplemental judgment. If the appellate court, during the pendency of an appeal, receives from the trial court an amended, corrected or supplemental judgment or an amended or corrected appealable order, the appellate court shall notify the attorney of record for the state and the attorney of record for the defendant or, if the defendant is not represented by an attorney, the defendant. [2017 c.529 �10]

����� 138.280 [Amended by 1959 c.558 �41; 1981 c.178 �8; repealed by 1985 c.734 �20]

����� 138.285 Order staying execution of sentence. (1)(a) A justice, municipal or circuit court may enter an order in a criminal action as defined in ORS 131.005 staying execution of a sentence, or a portion of a sentence, pending the resolution of an appeal.

����� (b) Except for good cause shown, a motion for an order under this section must be filed in the trial court no later than the filing of a notice of appeal. The trial court retains jurisdiction to enter an order under this section irrespective of whether a notice of appeal has been filed.

����� (c) Except as otherwise required by this section, the trial court may impose conditions on a stay that the trial court determines are appropriate.

����� (2) In determining whether to enter an order staying the execution of all of a sentence, or a portion of a sentence, the trial court shall consider the following factors:

����� (a) The nature of the offense;

����� (b) The severity of the sentence imposed;

����� (c) The health of the defendant;

����� (d) The character and strength of the evidence;

����� (e) The criminal history of the defendant;

����� (f) If the sentence, or the portion of the sentence, sought to be stayed includes a term of incarceration, the likelihood that the defendant will:

����� (A) Appear in court at all appropriate times;

����� (B) Comply with any other conditions of release; and

����� (C) Complete, or substantially complete, serving the term of incarceration before the appeal is decided;

����� (g) The likelihood that an appellate court will reverse the sentence, or the portion of the sentence, sought to be stayed or will reverse the judgment of conviction that includes the sentence, or the portion of the sentence, sought to be stayed; and

����� (h) If an appellate court has issued a decision reversing the sentence, or a portion of the sentence, sought to be stayed or reversing the judgment of conviction that includes the sentence, or the portion of the sentence, sought to be stayed:

����� (A) Whether the reversal or any other relief described in the appellate decision will result in the defendant having completed serving the term of incarceration imposed; and

����� (B) Whether the appellate decision remands the case for a new trial.

����� (3) If the trial court enters an order staying a term of incarceration, the court:

����� (a) May order that the conditions of the release agreement and any posted security stand pending resolution of the appeal or may order an increase or reduction in the amount of security.

����� (b) Shall order that the defendant, as a condition of release:

����� (A) Duly prosecute the appeal of the defendant as required by ORS 138.005 to 138.500;

����� (B) Appear at such time and place as the court may direct;

����� (C) Not depart this state without leave of the court; and

����� (D) If the judgment is affirmed, or the judgment is reversed and the case is remanded for a new trial, immediately appear as required by the trial court.

����� (4) If the court enters an order staying the payment of a monetary obligation, the court may order the defendant:

����� (a) To deposit, pending resolution of the appeal, the whole or any part of the monetary obligation with the clerk of the trial court;

����� (b) To file an undertaking with sufficient sureties;

����� (c) To submit to an examination of assets; or

����� (d) To refrain from dissipating the assets of the defendant. [Formerly 138.125]

����� Note: 138.285 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 138 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 138.290 [Amended by 1981 c.178 �9; repealed by 1985 c.734 �20]

����� 138.295 Stay of judgment or order on appeal by state; release. An appeal taken by the state stays the effect of the judgment or order in favor of the defendant, so that the release agreement and, if applicable, the security for release, is held for the appearance and surrender of the defendant until the final determination of the appeal and the proceedings consequent thereon, if any; but if the defendant is in custody, the defendant may be released by the court subject to ORS 135.230 to 135.290, pending the appeal. [Formerly 138.160]

����� 138.300 [Amended by 1969 c.198 �68; 1983 c.763 �15; repealed by 2017 c.529 �26]

����� 138.305 Delivery of defendant under sentence of imprisonment to intake center. If the confinement designated by the court is the custody of the Department of Corrections, the defendant may be taken to a designated intake center during normal business hours unless prior arrangements have been made with the department. To the extent possible, the county taking a defendant to a designated intake center shall notify the department one business day prior to the defendant�s arrival. The county may not take the defendant to a designated intake center if the court has ordered the retention of the defendant at the place of original custody for the period of time deemed necessary by the court for preparation of an appeal. [Formerly