Summary
In City of Stayton v. Wilson, 47 Or. App. 701, 615 P.2d 371 (1980), the petitioners were convicted in municipal court of harassment. ORS 166.065. They petitioned the circuit court for a writ of review.
Summary of this case from Shelton v. AllenOpinion
No. 115,128, CA 16665
Argued and submitted June 27, 1980
Reversed and remanded August 11, 1980
Appeal from Circuit Court, Marion County.
Clarke C. Brown, Judge.
Dale L. Crandall, Salem, argued the cause and filed the brief for appellant.
Murley M. Larimer, Stayton, argued the cause for respondents. With him on the brief was Sharman R. Bramer Meiners, Stayton.
Before Joseph, Presiding Judge, and Warden and Warren, Judges.
JOSEPH, P.J.
Reversed and remanded.
Defendants were convicted in plaintiff's municipal court under complaints charging harassment. ORS 166.065. They initiated a writ of review proceeding in the circuit court. Plaintiff's demurrer to the petition and motion to dismiss the petition were denied, and the trial court entered an order dismissing the charges against the defendants and instructing plaintiff's municipal court to expunge all references to the matter from its records.
Writs of review in criminal cases have been abolished, except in the instances specified in ORS 157.070. ORS 138.010; Doran v. State, 270 Or. 758, 529 P.2d 928 (1974); State v. Etling, 256 Or. 33, 470 P.2d 950 (1970). ORS 157.070 does not apply to municipal courts. Scott v. Thompson, 30 Or. App. 291, 567 P.2d 555 (1977). The circuit court had no jurisdiction to consider the writ of review and should have allowed plaintiff's demurrer.
Reversed and remanded.