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Oregon Revised Statutes

Or. Rev. Stat. § 138.227 (2026)

Joint motion to vacate and remand

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      138.227 Joint motion to vacate and remand. (1) On joint motion of the parties to an appeal in a criminal case, the appellate court may vacate the judgment or order from which the appeal was taken and remand the matter to the trial court to reconsider the judgment or order, or any intermediate decision by the trial court. On remand, the trial court shall have jurisdiction to enter a modified judgment or order, or to reenter the vacated judgment or order.

      (2) After entry of a judgment or order under subsection (1) of this section, either party may appeal in the same time and manner as an appeal from the original judgment or order. [1995 c.295 §3; 2017 c.529 §16]

 

      138.230 [Repealed by 2017 c.529 §26]

 

      138.240 [Repealed by 2017 c.529 §26]

 

      138.250 [Amended by 1973 c.836 §279; repealed by 2017 c.529 §26]

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1996–2025 · leading case: State v. Smith, 918 P.2d 824 (Or. 1996).
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State v. Smith, 918 P.2d 824 (Or. 1996). · cites it 2× “The parties later filed a joint motion, pursuant to ORS 138.227, 2 asking this court to remand 91-930-CR — the only case involving a felony conviction — for entry of a corrected judgment on the second issue.”
Pratt v. Armenakis, 112 P.3d 371 (Or. Ct. App. 2005). “4 ORS 138.227 provides an exception that is not applicable here, allowing this court to vacate a judgment and remand a case upon joint motion of the parties.”
State v. Cotter, 373 Or. 381 (2025). · cites it 2× “Thereafter, the parties submitted a joint motion to remand this case to the trial court pursuant to ORS 138.227, which provides, as relevant here, that par- ties may file a joint motion in an appellate court to vacate the judgment from which an appeal was taken and remand Cite…”
State v. Touchstone, 71 P.3d 536 (Or. Ct. App. 2003). “1 ORS 138.227(1) provides: “Upon joint motion of the parties to an appeal in a criminal action, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the trial court to reconsider the judgment or order, or any order entered by the…”
State v. Drew, 72 P.3d 1064 (Or. Ct. App. 2003). · cites it 2× “ORS 138.227(1). 1 We grant the motion. Defendant was convicted on three separate counts, including the unlawful use of a weapon, ORS 166.”
State v. Gunter, 67 P.3d 996 (Or. Ct. App. 2003). “Pursuant to ORS 138.227(1), the parties jointly move for remand to the trial court for resentencing.”
State v. Cotter, 567 P.3d 1034 (Or. 2025). · cites it 2× “Thereafter, the parties submitted a joint motion to remand this case to the trial court pursuant to ORS 138.227, which provides, as relevant here, that par- ties may file a joint motion in an appellate court to vacate the judgment from which an appeal was taken and remand Cite…”
State v. Torre, 56 P.3d 473 (Or. Ct. App. 2002). · cites it 3× “See ORS 138.227. 4 *395 On remand, defendant filed motions to postpone the scheduled hearing and to allow scientific forensic examination and analysis of the master tape recordings of the trial “for the purpose of having said expert forensically analyze said tapes and make a…”
State v. Mathena, 64 P.3d 1192 (Or. Ct. App. 2003). · cites it 3× “ORS 138.227(1). We grant the motion and remand this case to the trial court for reconsideration.”
Or. Rev. Stat. § 138.227(1): 5 cases
State v. Touchstone, 71 P.3d 536 (Or. Ct. App. 2003). “1 ORS 138.227(1) provides: “Upon joint motion of the parties to an appeal in a criminal action, the court may vacate the judgment or order from which the appeal was taken and remand the matter to the trial court to reconsider the judgment or order, or any order entered by the…”
State v. Smith, 918 P.2d 824 (Or. 1996). “The parties later filed a joint motion, pursuant to ORS 138.227, 2 asking this court to remand 91-930-CR — the only case involving a felony conviction — for entry of a corrected judgment on the second issue.”
State v. Drew, 72 P.3d 1064 (Or. Ct. App. 2003). “ORS 138.227(1). 1 We grant the motion. Defendant was convicted on three separate counts, including the unlawful use of a weapon, ORS 166.”
State v. Gunter, 67 P.3d 996 (Or. Ct. App. 2003). “Pursuant to ORS 138.227(1), the parties jointly move for remand to the trial court for resentencing.”
State v. Mathena, 64 P.3d 1192 (Or. Ct. App. 2003). “ORS 138.227(1). We grant the motion and remand this case to the trial court for reconsideration.”
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