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Or. Rev. Stat. § 138.257

Determination on appeal

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      138.257 Determination on appeal. (1) Except as otherwise provided in this section, the appellate court may affirm, reverse, vacate or modify the judgment or order, or any part thereof, from which the appeal was taken.

      (2) Subject to Article VII (Amended), section 3, Oregon Constitution, the appellate court shall not reverse, modify or vacate a trial court judgment or order if there is little likelihood that any error affected the outcome.

      (3) Except as provided in subsection (4) of this section, if the court reverses, vacates or modifies a judgment or order, or any part thereof, the court may do so with or without remanding the case and with or without instructions.

      (4)(a) The appellate court shall remand the case to the trial court:

      (A) If the appellate court, in a case involving multiple convictions, reverses at least one conviction and affirms at least one other conviction.

      (B) If the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing.

      (b) In a case remanded under this section, the trial court, after issuance of the appellate judgment, may impose a new sentence for any conviction.

      (5) If the appellate court reverses a conviction without remanding, upon issuance of the appellate judgment, the trial court shall follow the procedures described in ORS 135.680 concerning the defendant’s release. [2017 c.529 §15]

 

      138.260 [Repealed by 1981 c.178 §18]

Notes of Decisions
Cited in 44 cases (34 in the last 5 years), 2018–2026 · leading case: State v. Warren
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State v. Warren (2018) or · cites it 3× “It was replaced by ORS 138.257, which references Article VII (Amended), section 3, and uses the harmless error standard for that provision, as articulated in Davis .”
State v. Dennis (2020) orctapp · cites it 3× “See ORS 138.257(4) (requiring remand for resentencing if we determine that the trial court commit- ted an error that requires resentencing, and providing that the trial court “may impose a new sentence for any convic- tion” on remand).”
State v. Priester (2023) orctapp “See also ORS 138.257(4)(a)(B) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing.”
State v. Garrett (2019) orctapp · cites it 3× “” “It was replaced by ORS 138.257, which references Article VII (Amended), section 3, and uses the harm- less error standard for that provision, as articulated in [State v.”
State v. Anotta (2020) orctapp “257(4)(a)(B) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, com- mitted an error that requires resentencing.”
State v. Macy (2021) orctapp “Tison, 292 Or App at 374-75 ; see also ORS 138.257(4)(a)(B) (stating that the appellate court “shall” remand the case to the trial court if it determines that the trial court committed a sentencing error that requires resentencing).”
State v. Colgrove (2021) orctapp “We need not resolve the preservation dis- pute, because the case is remanded for resentencing based on the third assignment of error, and the trial court “may impose a new sentence” on remand, ORS 138.257(4), includ- ing exercising its discretion to decide whether to suspend the…”
State v. Toombs (2020) orctapp · cites it 2× “ORS 138.257(4)(a)(B) controls the disposition of this case.”
State v. Hatchell (2022) orctapp “Sheikh-Nur, 285 Or App 529, 540 , 398 P3d 472 , rev den, 361 Or 886 (2017) (where multi- ple cases were tried together, error required resentencing on all cases); see also ORS 138.257(4)(a)(A) (“The appellate court shall remand the case to the trial court * * * [i]f the…”
State v. Cuffy (2022) orctapp “1 The jury found that Counts 1, 2, 4, 7, 9, and 10 constitute domestic violence.”
State v. Vierria (2020) orctapp “257(4)(a)(B) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing.”
State v. Bonine (2023) orctapp · cites it 2× “See ORS 138.257(4)(a)(A) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court, in a case involving multiple convictions, reverses at least one conviction and affirms at 1 Defendant was acquitted on Counts 2, 6, 7, 8, 9, 10, 11, and 12.”
Show all 44 citing cases →
— Or. Rev. Stat. § 138.257(1) — 4 cases
State v. Garlinghouse (2023) orctapp
State v. Dixon (2025) orctapp
State v. Dixon (2025) orctapp
State v. Beebe (2019) orctapp
— Or. Rev. Stat. § 138.257(2) — 3 cases
State v. Warren (2018) or “It was replaced by ORS 138.257, which references Article VII (Amended), section 3, and uses the harmless error standard for that provision, as articulated in Davis .”
State v. Garrett (2019) orctapp “” “It was replaced by ORS 138.257, which references Article VII (Amended), section 3, and uses the harm- less error standard for that provision, as articulated in [State v.”
State v. Higgins (2023) orctapp
— Or. Rev. Stat. § 138.257(4) — 9 cases
State v. Dennis (2020) orctapp “See ORS 138.257(4) (requiring remand for resentencing if we determine that the trial court commit- ted an error that requires resentencing, and providing that the trial court “may impose a new sentence for any convic- tion” on remand).”
State v. Colgrove (2021) orctapp “We need not resolve the preservation dis- pute, because the case is remanded for resentencing based on the third assignment of error, and the trial court “may impose a new sentence” on remand, ORS 138.257(4), includ- ing exercising its discretion to decide whether to suspend the…”
State v. Valdovinos-Moreno (2022) orctapp
State v. Kiemtore (2021) orctapp
State v. Minton (2022) orctapp
— Or. Rev. Stat. § 138.257(4)(a) — 1 case
State v. Maciel-Salcedo (2023) orctapp
— Or. Rev. Stat. § 138.257(4)(a)(A) — 10 cases
State v. Hatchell (2022) orctapp “Sheikh-Nur, 285 Or App 529, 540 , 398 P3d 472 , rev den, 361 Or 886 (2017) (where multi- ple cases were tried together, error required resentencing on all cases); see also ORS 138.257(4)(a)(A) (“The appellate court shall remand the case to the trial court * * * [i]f the…”
State v. Cuffy (2022) orctapp “1 The jury found that Counts 1, 2, 4, 7, 9, and 10 constitute domestic violence.”
State v. Bonine (2023) orctapp “See ORS 138.257(4)(a)(A) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court, in a case involving multiple convictions, reverses at least one conviction and affirms at 1 Defendant was acquitted on Counts 2, 6, 7, 8, 9, 10, 11, and 12.”
State v. Propp (2025) orctapp
Decker v. Sundquist (2026) orctapp
— Or. Rev. Stat. § 138.257(4)(a)(B) — 16 cases
State v. Priester (2023) orctapp “See also ORS 138.257(4)(a)(B) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing.”
State v. Anotta (2020) orctapp “257(4)(a)(B) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, com- mitted an error that requires resentencing.”
State v. Macy (2021) orctapp “Tison, 292 Or App at 374-75 ; see also ORS 138.257(4)(a)(B) (stating that the appellate court “shall” remand the case to the trial court if it determines that the trial court committed a sentencing error that requires resentencing).”
State v. Toombs (2020) orctapp “ORS 138.257(4)(a)(B) controls the disposition of this case.”
State v. Vierria (2020) orctapp “257(4)(a)(B) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court determines that the trial court, in imposing or failing to impose a sentence in the case, committed an error that requires resentencing.”
— Or. Rev. Stat. § 138.257(4)(b) — 3 cases
State v. Bonine (2023) orctapp “See ORS 138.257(4)(a)(A) (“The appellate court shall remand the case to the trial court * * * [i]f the appellate court, in a case involving multiple convictions, reverses at least one conviction and affirms at 1 Defendant was acquitted on Counts 2, 6, 7, 8, 9, 10, 11, and 12.”
State v. White (2024) orctapp
State v. Moon (2025) orctapp
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