ORS 157.070¹
Writ of review in criminal actions

No provision of ORS 157.010 (Appeal to circuit court from justice court) to 157.065 (Powers of appellate court), in relation to appeals or the right to appeal in criminal actions, shall be construed to prevent either party in a justice court from having an interlocutory order which involves the constitutionality of a statute or of the proceedings which may affect the final judgment or the judgment reviewed in the circuit court for errors in law appearing upon the face of the judgment or the proceedings connected therewith, as provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [Amended by 1959 c.592 §1]

Notes of Decisions

Writ of review was appropriate where plaintiff was sen­tenced for both driving under the influence of intoxicating liquor and driving with .15 percent or more by weight of alcohol in his blood, both of­fenses arising out of the same course of con­duct. Doran v. State, 270 Or 758, 529 P2d 928 (1974)

The circuit court lacked jurisdic­tion to issue a writ of review concerning district court order denying defendant’s mo­tion for leave to withdraw his guilty plea in a crim­i­nal pro­ceed­ing. Humphreys v. State of Oregon, 19 Or App 630, 528 P2d 1094 (1974)

Since the district court record did not disclose an interlocutory order of any kind or any “errors in law appearing upon the face of the judg­ment or the pro­ceed­ings connected therewith,” the circuit court order after hearing on writ of review could not be sustained; existence of a summary of pro­ceed­ings not a part of the record was imma­te­ri­al. Carter v. Reeves, 20 Or App 450, 532 P2d 31 (1975)

This sec­tion does not apply to review of municipal court interlocutory orders. Scott v. Thompson, 30 Or App 291, 567 P2d 555 (1977), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 157—Appeals in Criminal Actions; Writ of Review, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors157.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 157, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano157.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information