State v. C.H.

Under ORS 425.275(4), the county in which the trial visit occurred has sole jurisdiction over all proceedings stemming from the visit.

Defendant appealed orders denying him in-home placement and possession or purchase of firearms. Defendant assigned error to the Douglas County Circuit Court's revocation order because the court lacked jurisdiction. On appeal, Defendant argued that Douglas County lacked jurisdiction because Lane County initiated the original court visit leading to the order. In response, the State agreed with the Defendant and conceded error. Under ORS 425.275(4), the county in which the trial visit occurred has sole jurisdiction over all proceedings stemming from the visit. The Court of Appeals accepted the State’s concession that the court erred when it denied the motion to dismiss because Defendant’s challenge to the court’s jurisdiction was not an improper collateral attack on the Lane County transfer; it was Defendant’s first opportunity to challenge the Douglas County court’s reliance on the transfer to accept and accept jurisdiction. Reversed.