City of Lowell v. Wilson, 197 Or. App. 291

Summary

The Oregon Court of Appeals dismissed an appeal arising from a defendant's no-contest convictions in Lowell Municipal Court for violations of a city ordinance concerning a dangerous building. The court held that it lacked jurisdiction under ORS 221.360 because the defendant had not preserved a cognizable constitutional challenge, and it concluded that ORS 138.050 did not provide an independent jurisdictional basis for appeals involving municipal code violations. The court also addressed the relationship between Oregon's municipal-court appellate statutes and general criminal appellate jurisdiction.

Holdings

1. The Court of Appeals lacked jurisdiction under ORS 221.360 because Wilson did not preserve a cognizable facial or as-applied constitutional challenge to the municipal ordinance in the municipal court or circuit court.
2. ORS 138.050 did not provide appellate jurisdiction for Wilson's excessive-sentence challenges because the statute does not apply to appeals arising from convictions in a non-record municipal court for municipal code violations.
3. ORS 138.057 did not supersede or apply to this appeal; ORS 221.359 and ORS 221.360, as the more specific provisions governing municipal code convictions, controlled.

Questions Presented

1. Whether the Oregon Court of Appeals had jurisdiction under ORS 221.360 to review Wilson's challenges to her municipal ordinance convictions when she had not preserved a cognizable facial or as-applied constitutional challenge in the municipal court or circuit court.
2. Whether ORS 138.050 provided an independent source of appellate jurisdiction for excessive-sentence challenges arising from a no-contest conviction for a municipal code violation in a municipal court that was not a court of record.
3. Whether ORS 138.057 superseded or supplemented ORS 221.359 and ORS 221.360 for appeals from municipal court convictions for municipal code violations.
4. Whether the court could reach Wilson's challenges to the municipal court's authority, the amount of the fines, or the due-process issue raised for the first time on appeal.

Disposition

dismissed