State v. Moore

“The appellate decision becomes effective when the appellate judgment issues, and that appellate judgment is effective in itself, without any action of the lower court.” International Brotherhood v. Oregon Steel Mills, Inc., 180 Or App 265, 271-271, 44 P3d 600 (2002).

Defendant’s sentencing has been remanded three times. On the third time, the Court corrected the error using the plain-error doctrine. Defendant moved to dismiss his appeal after the opinion in the matter had been issued but before issuance of the appellate judgment. Defendant offered no argument as to why dismissal was desired and the State gave no objection to Defendant’s motion. “The appellate decision becomes effective when the appellate judgment issues and that appellate judgment is effective in itself, without any action of the lower court.” International Brotherhood v. Oregon Steel Mills, Inc., 180 Or App 265, 271-271, 44 P3d 600 (2002). The Court denied Defendant’s motion to dismiss and reasoned that because the motion was filed before the judgment was issued, there was still as justiciable controversy which made the Court’s decision discretionary, rather than mandatory. Motion to Dismiss is denied.