State v. Gangi

In this criminal case, defendant was found not responsible for the crime of theft in the first degree by reason of mental disease or defect. In the dispositional phase of the case, ORS 161.325(1), the court, instead of ordering that defendant be placed under the jurisdiction of the Psychiatric Security Review Board (ORS 161.327) or discharged (ORS 161.329), ordered the case “continued” for a period not to exceed five years or until defendant could show he was entitled to discharge. Defendant appeals, seeking discharge under ORS 161.329. We dismiss the appeal for want of jurisdiction.

We agree…