State v. Ritchie

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Procedure
• Date Filed: 06-18-2014
• Case #: A149902
• Judge(s)/Court Below: Before Ortega, P.J.; Sercombe, J.; & Edmonds, S.J.

Under ORS 138.071, if a defendant fails to appeal a judgment within 30 days, he cannot appeal a supplemental judgment entered afterwards because the same issues could have been raised after the first judgment was entered.

In 2001, Defendant was charged with multiple rape- and prostitution-related charges. Defendant subsequently filed for habeas corpus relief. In May 2011, Defendant was charged, entered a plea, and then in September 2011, the State entered an amended judgment. Defendant appealed the amended judgment, but did not make a timely appeal on the original May 2011 judgment. Defendant argued his previous charges should have been dismissed because the state could not revive charges that had been dismissed pursuant his plea agreement. The Court held, because the September 2011 amended judgments were not intended to vacate and replace the May 2011 judgment, nor intended solely to fix clerical errors, Defendant’s appeal was untimely. Affirmed.

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