State v. Branstetter

After defendant was acquitted of violating ORS 167.315, he appealed the forfeiture of his ownership interest in 11 horses and one donkey under ORS 167.347. His appeal presents two issues: (1) Is the trial court’s order requiring defendant to forfeit his ownership interests in his animals appealable under ORS 19.205(4)? (2) Does the forfeiture constitute an “excessive fine” under Article I, section 16, of the Oregon Constitution? The majority’s answers to those questions are incorrect for the reasons that follow.

ORS 19.205(4) provides:

“An appeal may be taken from the circuit court in any…