may not be construed to prevent any party from seeking review in the

221.407 may not be construed to prevent any party from seeking review in the circuit court under ORS 34.010 to 34.100 for errors in law appearing on the face of the judgment entered by the municipal court or the proceedings connected therewith or, in a proceeding charging a violation or misdemeanor, an interlocutory order involving the constitutionality of a statute. [2025 c.268 �43]

����� 221.389 Appeal and cross-appeal by defendant; cases involving constitutionality of charter provision or ordinance. (1) Except as provided in subsection (6) of this section, in a proceeding involving a violation or misdemeanor, a defendant may appeal from:

����� (a) A judgment convicting the defendant of one or more charges and imposing sentence, regardless of the type of sentence imposed.

����� (b) A judgment ordering payment of restitution but not specifying the amount of restitution, or a supplemental judgment awarding restitution.

����� (c) A judgment or order imposing or executing a sentence upon revocation of probation or sentence suspension.

����� (d) A judgment or order that is an amended or corrected version of a judgment or order described in paragraphs (a) to (c) of this subsection.

����� (2) A defendant may appeal as provided in ORS 221.405 (3).

����� (3) In a proceeding involving a violation, the defendant may appeal an order denying a motion for relief from default under ORS 153.105.

����� (4) A defendant may cross-appeal when the prosecution appeals an order prior to trial suppressing evidence as provided in ORS 221.392 (2)(c). The failure to file a cross-appeal under this subsection does not waive a defendant�s right to assign error to a particular ruling of the municipal court on appeal from the judgment of conviction and sentence.

����� (5) Whenever a person is convicted in the municipal court of any city of an offense defined and made punishable by a city charter or ordinance, that person has the same right of appeal to the circuit court as for a conviction of an offense defined by state law.

����� (6) In all cases involving the constitutionality of the charter provision or ordinance under which the conviction was obtained as indicated in subsection (5) of this section, such person shall have the right of appeal to the circuit court in the manner provided in subsection (5) of this section, regardless of any charter provision or ordinance prohibiting appeals from the municipal court because of the amount of the penalty or otherwise. An appeal may likewise be taken in such cases from the judgment or final order of the circuit court to the Court of Appeals in the same manner as other appeals are taken from the circuit court to the Court of Appeals in other criminal cases. Where the right of appeal in such cases depends on there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only. [2025 c.268 �43a]

����� 221.390 [Amended by 1985 c.342 �19; repealed by 2025 c.268 �53]

����� 221.392 Appeal by state or city. (1)(a) The state or a city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by state law, in which event the appeal is in the name of the state.

����� (b) The city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by city charter or ordinance, in which event the appeal is in the name of the city.

����� (2) In a proceeding involving a violation or misdemeanor, the prosecution may appeal from:

����� (a) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument.

����� (b) An order allowing a demurrer.

����� (c) An order made prior to trial suppressing evidence.

����� (d) An order made prior to trial for the return or restoration of things seized.

����� (e) An order arresting the judgment.

����� (f) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument.

����� (g) An order granting a new trial.

����� (3) In a proceeding involving a violation, the prosecution may appeal an order granting a defendant�s motion for relief from default under ORS 153.105.

����� (4) Notwithstanding subsection (2) of this section, the prosecution may not appeal the dismissal of a violation by reason of a police officer�s failure to appear at the trial on the matter if the police officer was timely provided with notice of the trial date. [2025 c.268 �44]

����� 221.394 Circuit court proceedings in case charging violation or misdemeanor. Except as provided in ORS 221.405:

����� (1) On appeal of a matter in a case charging a violation or misdemeanor, the circuit court shall try the matter pursuant to the statutes that prescribe the procedure for trial of violations or misdemeanors, respectively, in the circuit court, except that the prosecution may be handled by an attorney provided by the city that enacted the ordinance or adopted the provision of a charter the defendant was convicted of violating.

����� (2) On appeal by the defendant of a judgment of conviction and sentence for a violation or misdemeanor defined by state law or by a law enacted by a city, if the defendant is convicted, the circuit court may impose any sentence within the limits prescribed by state law or by charter or ordinance of the city. If the circuit court determines that the defendant is guilty of a violation, the circuit court shall comply with ORS 153.018, 153.019, 153.020 and 153.021 in imposing the sentence. [2025 c.268 �44a]

����� 221.396 Scope of review of order or judgment other than judgment of conviction and sentence. On appeal by the defendant or the prosecution of an order or judgment other than the judgment of conviction and sentence, except as otherwise specified by law, the circuit court may review only the order or judgment from which the appeal is taken and any issue necessary to decide the appeal, but may receive and consider evidence as necessary to decide the matter anew. [2025 c.268 �45]

����� 221.398 Scope of review in certain cases. (1) On appeal by a defendant of any conviction based on a plea of guilty or no contest, the circuit court shall treat the plea as though it was entered in and accepted by the circuit court. If the defendant has included a claim of legal error in the notice of appeal as required by ORS 221.371 (1)(i), the circuit court shall sentence the defendant anew without determining whether the municipal court erred.

����� (2) At any sentencing proceeding in the circuit court, both parties shall be bound by any sentencing agreement that the parties entered into in the municipal court.

����� (3) On appeal by a defendant under ORS 221.389 (1)(b), the circuit court shall sentence the defendant anew.

����� (4) On appeal by a defendant under ORS 221.389 (1)(d):

����� (a) The circuit court shall proceed in the same manner as in an appeal from the original judgment or order.

����� (b) Notwithstanding paragraph (a) of this subsection, if the appeal of the amended or corrected judgment or order is filed after expiration of the time period during which the original judgment or order could have been appealed, the circuit court may review only the amended or corrected part of the judgment or order and any part of the judgment or order affected by the amendment or correction.

����� (5)(a) On appeal by a defendant under ORS 221.389 (3), or by the prosecution under ORS 221.392 (3), the circuit court shall determine whether to grant relief in accordance with ORS 153.105 in the same manner as if the motion for relief had been originally filed in circuit court.

����� (b) The circuit court may hear evidence or admit exhibits necessary to make the determination on the matter. [2025 c.268 �46]

����� 221.400 [Repealed by 1971 c.633 �8]

����� 221.402 Circuit court proceedings in certain appeals. (1) On appeal by the defendant of a judgment under ORS 221.389 (1)(a) or (d) involving a misdemeanor, after the circuit court has decided the appeal, and notwithstanding whether the circuit court affirms, reverses or modifies any term of the municipal court judgment, the circuit court shall render a judgment as provided in ORS 221.385 (2)(a).

����� (2) On appeal by the defendant of a judgment under ORS 221.389 (1)(a) or (d) involving a violation, if the circuit court determines that no term of the municipal court judgment should be reversed or modified, the circuit court shall render a judgment as provided in ORS 221.385 (2)(b) or (3).

����� (3) On appeal by the defendant of a judgment or order under ORS 221.389 (1)(b) or (c), after the circuit court has decided the appeal, the circuit court shall render a judgment disposing of as much of the case as was tried before the circuit court.

����� (4)(a) On appeal by the defendant under ORS 221.389 (3), if the circuit court determines that relief should be granted, the circuit court shall vacate the judgment and:

����� (A) Remand the case to the municipal court for further proceedings; or

����� (B) Retain the case in the circuit court for further proceedings, if the municipal court has adopted a rule described in paragraph (b) of this subsection.

����� (b) A municipal court, with agreement of the presiding judge of the circuit court of the county in which the municipal court is located, may adopt a rule allowing a case described in paragraph (a) of this subsection to remain in circuit court for further proceedings after the municipal court judgment is vacated.

����� (5) On appeal by the prosecution under ORS 221.392 (2)(a) to (d), after the circuit court has decided the matter appealed, and notwithstanding ORS 221.396, at the request of either party, the circuit court shall take jurisdiction of the case, try the case and render a judgment described in ORS 221.385 (2)(a). If neither party requests the circuit court to try the remainder of the case, the circuit court shall render a judgment disposing of as much of the case as was tried before the circuit court and remanding the case to the municipal court for further proceedings.

����� (6) On appeal by the prosecution under ORS 221.392 (2)(e) to (g), the circuit court shall render a judgment reflecting its decision and remanding the case to the municipal court.

����� (7) On appeal by the prosecution under ORS 221.392 (3), if the circuit court determines that relief should not be granted, the circuit court shall render a judgment vacating the municipal court�s order granting relief and remanding the case to the municipal court for further proceedings. [2025 c.268 �47]

����� 221.404 Stay of enforcement of judgment. (1) A defendant filing notice of appeal from a judgment of conviction and sentence of a misdemeanor described in this subsection does not stay enforcement of the judgment unless the defendant:

����� (a) If sentenced to confinement, executes a release agreement or makes a security release deposit as provided in ORS 135.230 to 135.290; or

����� (b) On conviction of a traffic crime as defined in ORS 801.545, gives the security required by ORS 810.300 to 810.330 as an undertaking on appeal.

����� (2) A defendant filing notice of appeal from a judgment involving a violation does not automatically stay enforcement of the judgment.

����� (3) Nothing in this section is intended to affect the authority of the municipal court or circuit court to stay enforcement of the judgment under ORS 19.350, 138.285 or