State v. Sullens

The issue before this court is whether the trial court’s denial of defendant’s motion for a new trial based on newly discovered evidence is reviewable on appeal.

After a judgment of conviction of first degree burglary and theft was entered against defendant, he moved for a new trial based on newly discovered evidence. ORCP 64B(4). 1 The trial court did not rule on defendant’s motion within the statutorily specified time limit and, therefore, the motion was deemed denied. 2

Defendant appealed from the judgment of conviction and assigned the denial of the motion for new trial as the only error.…