Rule 2.40 - NOTICE OF APPEAL IN GUILTY OR NO CONTEST PLEA, PROBATION OR SENTENCE SUSPENSION REVOCATION, AND RESENTENCING CASES(1) Except as provided in subsections (2) and (3) of this rule, in addition to the notice of appeal requirements contained in ORAP 2.05, when a defendant in a criminal case appeals from a judgment following a guilty plea a no contest plea. resentencing pursuant to a remand from an appellate court resentencing pursuant to the judgment of a court granting post-conviction relief or from an order or judgment
revoking probation or sentence suspension extending a period of probation imposing a new condition of probation modifying an existing condition of probation: (a) The caption of the notice of appeal shall identify the notice as a "Notice of Appeal Pursuant to ORS 138.085."(b) The body of the notice of appeal shall: (i) Identify the type of proceeding from which the appeal arises (e.g., guilty plea, no contest plea, probation revocation, etc.); and(ii) Identify at least one colorable claim of error from the proceeding reviewable under ORS 138.105 or state that the defendant has reserved an issue for appeal under ORS 135.335. (2)(a) Except as provided in paragraph (b) of this subsection, if, concurrently with filing a notice of appeal in a case subject to subsection (1) of this rule, the defendant has filed a motion for delayed appeal under ORS 138.071(5), the defendant may refer to a colorable claim of error identified in the notice of appeal. (b) Where the defendant is unable timely to file a notice of appeal because of the need to identify a colorable claim of error in the case, the defendant requesting leave to file a delayed appeal under ORS 138.071(5) may do so by filing a combined notice of appeal and motion for late appeal. The document shall be entitled "Notice of Appeal; Motion -- File Late Appeal" and shall contain a statement, if true in the case, to the effect that the delay in filing the notice of appeal was attributable to the need to identify a colorable claim of error in the case. In the absence of opposition from the state filed within 14 days after filing of the combined notice of appeal and motion for delayed appeal, the motion shall be deemed to have been granted by the court.Amended November 15, 2018, effective 1/1/2019; amended November 13, 2020, effective 1/1/2021.