Behrle v. Taylor

ORS 138.650(1) does not grant either party an additional 10 days after the 30-day period has expired to file notice of cross-appeal.

Petitioner seeks reconsideration of the Appellate Commissioner’s order dismissing petitioner’s cross-appeal as untimely. On appeal, Petitioner argued that the provisions of ORS 138.071(3) or those in ORS 19.255(3) (granting a party in a civil case 10 additional days to le a notice of cross-appeal after the expiration of the 30-day appeal period) apply to post-conviction appeals. Defendant, superintendent of the correctional institute in which Petitioner was confined filed a notice of appeal 29 days after entry of the judgment. Within 10 days after the expiration of the 30-day appeal period, petitioner filed a notice of cross-appeal. The time to file a post-conviction appeal is governed solely by ORS 138.650(1). ORS 138.650(1) does not grant either party an additional 10 days after the 30-day period has expired to file notice of cross-appeal. Therefore, Petitioner's notice of cross-appeal was not timely filed. Petition for reconsideration allowed; order of dismissal adhered to.