State v. Faust

Defendant was convicted in Beaverton Municipal Court of violating a municipal trespass ordinance. He argues that the circuit court erred in dismissing his appeal from that conviction on the ground that he failed to serve the notice of appeal on the city attorney. The city concedes that the circuit court erred in dismissing on that ground but asserts, as an alternative basis for affirmance, that the notice of appeal was not timely filed in the municipal court. We accept the city’s concession of error on the service ground. See ORS 221.359(l)(b) (“Failure to serve a notice of appeal on the…