State v. Crocker

The majority concludes that a defendant who is placed on probation after pleading guilty or no contest may not appeal from the order of probation. I agree with that conclusion as a matter of statutory construction. However, the majority fails to consider that ORS 138.040 and ORS 138.050, as it construes them, violate Article I, section 20, of the Oregon Constitution.1 As construed, the statutes grant defen*265dants who plead not guilty a privilege — appellate court review of the conditions of probation — that they deny to defendants who plead guilty or no contest. There is no rational foundation…