State v. Harding

The state seeks review of a Court of Appeals decision vacating and remanding a trial court judgment that denied defendant’s motion to modify his judgment of conviction and sentence by deleting a provision of the judgment imposing an upward departure sentence. However, our review of the record reveals that defendant’s notice of appeal was not filed timely. Therefore, this court lacks jurisdiction over the appeal. We issue this opinion in order to note an inconsistency between the Oregon Rules of Appellate Procedure (ORAP) and the Oregon Revised Statutes, and to clarify which one governs this…