State v. Walraven

By statutory definition, “an ‘order of conditional release’ under ORS 420A.206(2) is separate and apart from a dispositional order under ORS 420A.203(4), both in substance and in time, and each order is separately appealable. Paragraph (a) of ORS 420A.206(6) does not authorize us to review the substance of a dispositional order entered under ORS 420A.203(4) on appeal from an order of conditional release entered under ORS 420A.206(2)."

The State appealed an order of conditional release that was entered for Defendant by the sentencing court. The State assigned error to the sentencing court’s determination that Defendant was eligible for a second-look hearing. On appeal, the State argued that as a matter of law, due to Defendant’s conviction, the second-look procedure did not apply to Defendant. Additionally, the State argued that it could challenge Defendant’s eligibility for a second-look on appeal of “either the sentencing court’s dispositional order or its order of conditional release.” In response, Defendant argued the proper time to appeal the second-look determination was during the sentencing court’s dispositional order, but because the State failed to appeal during the court’s dispositional order, his eligibility for a second-look was not reviewable on appeal during the court’s order of conditional release. By statutory definition, “an ‘order of conditional release’ under ORS 420A.206(2) is separate and apart from a dispositional order under ORS 420A.203(4), both in substance and in time, and each order is separately appealable. Paragraph (a) of ORS 420A.206(6) does not authorize us to review the substance of a dispositional order entered under ORS 420A.203(4) on appeal from an order of conditional release entered under ORS 420A.206(2)." The Oregon Court of Appeals concluded that the State’s argument was beyond the scope of review because as a matter of statutory interpretation, “a person’s eligibility for a second-look under ORS 420A.203(1) is reviewable on appeal of a dispositional order and not reviewable on appeal of an order of conditional release entered under ORS 420A.206(2).”