State v. Bigsby

• Court: Oregon Court of Appeals
• Area(s) of Law: Appellate Procedure
• Date Filed: 12-24-2014
• Case #: State v. Bigsby
• Judge(s)/Court Below: DeVore, J. for the Court; Ortega, P.J.; & Garrett, J.

Under ORS 138.040, a judgment is not appealable where the trial court had already accepted an unqualified, written guilty plea and the parties did not make an effort to withdraw the unqualified plea and try the disputed issue.

Defendant entered a guilty plea for a judgment of conviction for strangulation, constituting domestic violence under ORS 163.187 and ORS 132.586. Defendant appealed the conviction contending that the trial court erred in its determination that the stipulated facts amounted to a finding that Defendant’s acts constituted domestic violence. On appeal, the Court held that, under ORS 138.040, the judgment is not appealable. The Court reasoned that despite Defendant’s subsequent efforts to try the issue of "domestic violence," the trial court had already accepted an unqualified, written guilty plea to strangulation constituting domestic violence. Furthermore, the parties did not make an effort to withdraw the unqualified plea and try the disputed issue. Appeal dismissed.

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