State v. Lesley

The state appeals, and defendant cross-appeals, from the trial court’s order allowing a motion for a new trial. ORCP 64 B. Each has moved to dismiss the other party’s appeal. As we explain below, the state’s appeal is untimely, and there is no statutory basis for defendant’s cross-appeal. We grant both motions to dismiss.

After a jury trial, defendant was convicted of two counts of second-degree assault, ORS 163.175, and first-degree robbery, ORS 164.415. On September 13,1999, defendant filed a motion for a new trial on the grounds that a new witness had been located whose testimony would…