State v. Meiser

Under ORS 174.120(3), when the last day by which a court may perform an act is a legal holiday, the act must be performed "on the next day that the court is open for the purpose of filing pleadings and other documents."

Defendant appealed the trial court's determination that he prematurely filed a notice of appeal from a judgment of conviction and sentence. Defendant assigned error to the trial court's determination that the motion in arrest of judgment is not deemed denied until the fifty-sixth day. On appeal, Defendant argued that after the trial court did not enter an order ruling on the motion in arrest of judgment on January 2, 2018, Defendant filed an amended notice of appeal. In response, the state relied on Propp v. Long 313 Or 218 831 P2d 685 (1992) holding that a trial court had the full 55-day period to enter an order deciding the motion; therefore, absent an order deciding the motion sooner, the motion is not deemed denied until the fifty-sixth day. Under ORS 174.120(3), when the last day by which a court may perform an act is a legal holiday, the act must be performed "on the next day that the court is open for the purpose of filing pleadings and other documents." The Court of Appeals held that the trial court was open for those purposes on January 2, 2018 and Defendant's motion was not deemed denied until January 3, 2018, therefore, Defendant filed an effective notice of appeal within the time permitted. Motion to determine jurisdiction granted; jurisdiction determined; appeal to proceed.