- Court: Oregon Court of Appeals
- Area(s) of Law: Appellate Procedure
- Date Filed: 06-30-2021
- Case #: A165490
- Judge(s)/Court Below: Hadlock, J. pro tempore, for the Court; DeHoog, P.J.; & Aoyagi J.
- Full Text Opinion
Defendant-appellant sought post-opinion dismissal of his appeal. Defendant argued that dismissal is appropriate because there likely would be no change in his sentence. The State does not oppose that motion. Post-opinion dismissal motions are disfavored by the court and are granted only when the appellant presents a "compelling reason for dismissal." Such motions are disfavored because, from the Defendant's perspective, it is as if the notice of appeal were never filed yet the published opinion also stands. The opinion thus would have no impact on Defendant and would have the same effect as an advisory opinion. However, the Court held that because Defendant did not have the information from this decision when he filed the dismissal motion, the Court grants him leave to file a new dismissal motion. Motion DENIED.