An appeal taken by the state stays the effect of the judgment or order in favor of the defendant, so that the release agreement and, if applicable, the security for release, is held for the appearance and surrender of the defendant until the final determination of the appeal and the proceedings consequent thereon, if any; but if the defendant is in custody, the defendant may be released by the court subject to ORS 135.230 to 135.290, pending the appeal.
ORS 138.295
Known as the Post-Conviction Hearing Act
The act spans §§ 138–138 (119 sections).
Applied in 1 court decision — leading case 295 Or. App. 801 - State v. McGee (2019)
Most recently applied in 295 Or. App. 801 - State v. McGee (January 2019)
Formerly 138.160
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.