State v. Rietveld

The state moves for summary determination of the appealability of an order granting a criminal defendant’s motion for a new trial. We allow the motion, determine that the order is not appealable and dismiss the appeal.

Following a conviction for murder, defendant moved for, and obtained, an order granting a new trial. The state appealed the order. The state correctly acknowledges that its right to appeal in a criminal case is purely statutory and is governed generally by ORS 138.060. That statute lists the following orders as appealable:

“(1) An order made prior to trial dismissing or setting…