State v. Spencer

In State v. Spencer (CA A81978), defendant moves, pursuant to ORS 138.071(4),1 for leave to file a delayed notice of appeal from a conditional discharge. ORS 475.245.2 The state opposes the motion, arguing that a conditional discharge is not an appealable judgment or order. It makes the same argument in support of its motion to dismiss defendant’s appeal from a conditional discharge in State v. Fenner (CA A80193). We consolidate the motions for purposes of deciding the issue of whether a conditional discharge is an appealable judgment or order. We deny defendant Spencer’s motion for leave to…