State v. Wood

ORS 138.105(1) provides, "[o]n appeal by a defendant, the appellate court has authority to review the judgment or order being appealed." "[O]nce final judgment in a criminal case is entered, its validity and regularity are presumed."  State v. Jacob, 208 Or App 62, 67 (2006).

Defendant appealed a judgment revoking probation following a conviction of first-degree burglary. Defendant assigned error to the trial court's judgment of conviction, arguing that it was based on a nonunanimous verdict and therefore invalid under Ramos v. Louisiana, 590 US ___ (2020). ORS 138.105(1) provides, "[o]n appeal by a defendant, the appellate court has authority to review the judgment or order being appealed." The Court reasoned that the "judgment being appealed" was the judgment revoking probation; therefore, the Court held it lacked authority to review the judgment of conviction. 

Defendant also assigned error to the trial court's revocation of her probation because her conviction was based on a nonunanimous verdict and was therefore "unlawful." "[O]nce final judgment in a criminal case is entered, its validity and regularity are presumed."  State v. Jacob, 208 Or App 62, 67 (2006). The Court reasoned that because Defendant did not appeal her conviction, she could not challenge the validity in her appeal of the revocation of probation. Affirmed.