State v. Coleman

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 10-19-2011
  • Case #: A142692
  • Judge(s)/Court Below: Brewer, C.J. for the Court; & Gillette S.J.
  • Full Text Opinion

An order denying a motion to correct an amended judgment under ORS 183.083 is not appealable where the appealed issue is not defined as appealable.

Defendant appealed from an order denying her motion to vacate an amended judgment. Defendant was convicted and her sentence ran concurrently with sentences from another county. The state discovered an error in defendant’s sentence, so that the total sentence was not the sentence agreed upon in plea bargain. Thus, the state sought a second amended judgment. Defendant took issue with this action, claiming the second amended complaint violated her constitutional rights under Article I of the Oregon Constitution. The Court of Appeals held that did not reach the merits of defendant’s argument, stating that the Court lacked the jurisdiction to hear defendant’s arguments because the amended complaint was not defined as an appealable issue under ORS 183.083. Appeal dismissed for lack of jurisdiction.

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