State v. Mendoza

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 12-07-2016
  • Case #: A154920
  • Judge(s)/Court Below: Tookey, J., for the Court; Sercombe, P.J., and Hadlock, C.J.
  • Full Text Opinion

ORS 138.692 and ORS 138.694, regarding DNA testing and appointment of counsel, require supporting affidavits to prove the motion.

Defendant was convicted for multiple person felonies and appeals his request for DNA testing and appointment of counsel. Defendant wrote a letter to the judge’s judicial assistant requesting DNA testing and appointment of counsel but it was rejected. On appeal, the State claimed that the trial court did have jurisdiction, but it could not grant a request not in compliance with the statutory requirements. However, the Court held that Defendant timely filed a notice of appeal, and the trial court did not consider whether Defendant’s letters complied with the ORS 138.692 and ORS 138.694 statutory requirements. Reversed and remanded.

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