STATE OF OREGON v MANUEL PEREZ

ORS 138.071(1) provides a 30-day deadline to appeal and if the appeal is not filed within this deadline, a court has no jurisdiction over a case because it was not taken in conformity to statutory requirements. State v. Goodin, 1 Or App 559, 560, 465 P2d 487 (1970).

Defendant appealed for reconsideration of Defendant’s dismissed judgement of conviction. Defendant assigned error to a judgment of post-conviction relief which allowed Defendant to file a late appeal of the judgment of conviction without limiting the time in which to file the appeal. On appeal, Defendant argued that it is within the time permitted by law, because the 2012 PCR judgment did not specify a time limit in which to file a delayed appeal. In response, Appellate Commissioner argued the absence of a time limit imposed by statute, the doctrine of laches would foreclose an appeal delayed by nearly five years after being authorized by the 2012 PCR judgment. ORS 138.071(1) provides a 30-day deadline to appeal and if the appeal is not filed within this deadline, a court has no jurisdiction over a case because it was not taken in conformity to statutory requirements. State v. Goodin, 1 Or App 559, 560, 465 P2d 487 (1970). The Court held that because the Defendant did not file the notice within 30 days, as required by ORS 138.071(1) for an appeal of a judgment of conviction, consequently, the appeal is untimely, and the court lacks appellate jurisdiction. Reconsideration allowed; previous order adhered to.