State v. Sercus

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 12-07-2016
  • Case #: A159873
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J.; & Shorr, J.
  • Full Text Opinion

Under ORS 135.335, a misdemeanor conviction and restitution order is appealable only with a "colorable showing that the disposition exceeds the maximum allowable by law."

Defendant appealed a judgment of conviction for one count of failure to perform the duties of a driver and restitution order of $614. Defendant assigned error to the trial court's exclusion of Defendant's statements as hearsay because hearsay rules did not apply in restitution hearings. The State argued that the Court lacked jurisdiction to consider Defendant's assignment of error. Under ORS 135.335, the Court would only have jurisdiction over this case with a "colorable showing that the disposition exceeds the maximum allowable by law." The Court concluded that the restitution ordered was authorized by statute, regardless of whether the trial court misapplied some law in ordering the restitution. Defendant did not make a claim that the procedural flaw prevented the Court from determining upon appellate review whether the sentence exceeded the maximum sentence allowable by law. Appeal dismissed. 

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