Legal Case

State v. Hart

Hart

Citation

341 Or. App. 293

Court

Court of Appeals of Oregon

Decided

June 11, 2025

Jurisdiction

SA

Importance

45%

Significant

Practice Areas

Criminal Law
Emergency Services Law

Case Summary

No. 536 June 11, 2025 293 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. CORY MICHAEL HART, Defendant-Appellant. Jefferson County Circuit Court 23CR10616; A181811 Daniel Joseph Ahern, Judge. Submitted May 13, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Carla E. Edmondson, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Kirsten M. Naito, Assistant Attorney General, filed the brief for respondent. Before Shorr, Presiding Judge, Powers, Judge, and Pagán, Judge. PAGÁN, J. Affirmed. 294 State v. Hart PAGÁN, J. Defendant appeals a judgment of conviction for two counts of improper use of the emergency communications system, ORS 165.570. On appeal, defendant raises four assignments of error all to the effect that there was insuf- ficient evidence of his mental state, which would require reversal of his convictions.1 We affirm. Defendant was charged with six counts of improper use of the emergency communications system. He was tried to the court and was acquitted on four of the counts. ORS 165.570(1) provides, as relevant here, that a person commits the crime of improper use of the emergency communications system “if the person knowingly * * * [m]akes an emergency call * * * for a purpose other than to report a situation that the person reasonably believes requires prompt service in order to preserve human life or property[.]” We have con- strued that provision to require proof that the person call- ing “knew that he * * * was calling for a prohibited purpose.” State v. Wiborg, 285 Or App 131, 133, 396 P3d 258 (2017). Here, defendant called 9-1-1 repeatedly during one day, and law enforcement officers responded, eventually tell- ing defendant to stop calling 9-1-1. Based on our review of the record, we conclude that, by the time defendant made the last of the phone calls to 9-1-1, and when he sent a text message to 9-1-1 a few weeks later reporting the same issue, a rational factfinder could reasonably infer that the warn- ings and discussions he had with the law enforcement offi- cers sufficiently informed him that he was contacting 9-1-1 for a prohibited purpose. Because there was sufficient evidence in the record to support the trial court’s findings, we affirm the trial court’s judgment. Affirmed. 1 Defendant assigns error to the denial of his motion for judgment of acquit- tal on each of the two counts on which he was convicted, and he assigns error for the trial court’s entry of each conviction in the judgment. We address the claims of error as a challenge to the sufficiency of the evidence.

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Case Details

Case Details

Legal case information

Status

Decided

Date Decided

June 11, 2025

Jurisdiction

SA

Court Type

federal

Legal Significance

Case importance metrics

Importance Score
Significant
Score45%
Citations
0
Legal Topics
Improper Use of Emergency Services
Mental State in Criminal Law

Metadata

Additional information

AddedJun 17, 2025
UpdatedJun 17, 2025

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Legal Topics

Areas of law covered in this case

Improper Use of Emergency Services
Mental State in Criminal Law

Case Information

Detailed case metadata and classifications

Court Proceedings

Date FiledJune 11, 2025
Date DecidedJune 11, 2025

Document Details

Times Cited
0
Importance Score
0.5

Legal Classification

JurisdictionSA
Court Type
federal
Judicial Panel
Pag�n
Opinion Author
Pag�n

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341 Or. App. 403

80% match
Court of Appeals of Oregon
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No. 558 June 25, 2025 403 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. JONATHAN CORY ANDREWS, Defendant-Appellant. Yamhill County Circuit Court 22CR50352; A185366 Cynthia L. Easterday, Judge. On appellant’s petition for reconsideration of Appellate Commissioner’s order of dismissal filed October 22, 2024. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Rond Chananudech, Deputy Public Defender, for petition. Before Egan, Presiding Judge, Lagesen, Chief Judge, and Joyce, Judge. LAGESEN, C. J. Reconsideration allowed; order of dismissal adhered to. 404 State v. Andrews LAGESEN, C. J. This is a criminal case in which defendant filed an untimely notice of appeal. When alerted to that fact by a show cause order, defendant filed an untimely motion for late appeal under ORS 138.071(5). The court, by order of the Appellate Commissioner, dismissed the appeal as untimely. Defendant has petitioned for reconsideration, arguing that this appeal should proceed, notwithstanding its double untimeliness problem. The Appellate Commissioner referred the petition for reconsideration to the Motions Department for the purpose of resolving the matter by way of prec- edential opinion. We allow reconsideration for that pur- pose. On reconsideration, we conclude, as did the Appellate Commissioner, that defendant’s failure to file a timely notice of appeal or a timely motion for late appeal means that this appeal must be dismissed for lack of jurisdiction. Both ORS 19.270, made applicable to criminal pro- ceedings by ORS 138.015, and ORS 138.071 generally require, among other things, that a notice of appeal be timely filed for the Court of Appeals to have jurisdiction over an appeal. ORS 19.270 (1), (2)(b). The legislature has, however, carved out an exception to that requirement in ORS 138.071(5). That statute directs that “the Court of Appeals shall grant the defendant leave to file a notice of appeal after the time limits” set forth in those statutes provided the defendant (1) files a motion that makes the showing described in ORS 138.071(5)(a) and (2) files the motion “no later than 90 days after the party receives notice that the order or judgment has been entered.” ORS 138.071(5)(c); State v. Smith, 330 Or App 397, 399, 543 P3d 1258 (2024) (describing process for filing motion for late appeal). In this case, it is undisputed that defendant neither filed a timely notice of appeal, nor filed a timely motion for late appeal. Defendant nevertheless argues that his untimely-filed notice of appeal is sufficient to confer jurisdiction on this court because it was filed within the time for filing a motion for late appeal, albeit without the motion required by ORS 138.071(5). In support of that argument, he points to our deci- sion in Smith. There, we concluded that the defendant’s fail- ure to include a proposed notice of appeal, as required by ORS Cite as 341 Or App 403 (2025) 405 138.071(5)(c), with the defendant’s timely-filed motion for late appeal did not deprive the court of jurisdiction to grant the timely-filed motion for late appeal. Smith, 330 Or App at 399. Defendant invites us to read Smith to stand for the following: “In short, so long as the defendant files something noti- fying the court and the state of the defendant’s intent to appeal within 90-days, the failure to comply with the many requirements for notices of appeal, including the failure to file an accompanying motion for leave to file a late notice of appeal, can be cured by timelines set by the court.” We reject that invitation for two reasons. First, it is detached from the procedure set forth by the plain terms of ORS 138.071(5). Were we to adopt defen- dant’s proposed approach, we would effectively be rewriting ORS 138.071(5) to craft a process entirely different from the one enacted by the legislature. Rewriting statutes is not part of the judicial function. Bellshaw v. Farmers Ins. Co., 373 Or 307, 326-27, 567 P3d 434 (2025). Second, defendant’s proposed approach is at odds with longstanding Oregon law treating the timelines for filing appeals as jurisdictional. In addressing whether the defect in Smith was a jurisdictional one, we looked, in part, to case law addressing what appeal-filing defects were jurisdictional and what defects were merely technical. Smith, 330 Or App at 403-04 (discussing Pohrman v. Klamath Co. Comm., 272 Or 390, 538 P2d 70 (1975)). That case law indicated that the key jurisdictional requirements were the timely filing and service of the notice of appeal, something that, in Smith, supported

Very Similar Similarity

Rogers v. Board of Parole

341 Or. App. 455

80% match
Court of Appeals of Oregon
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No. 569 June 25, 2025 455 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1). IN THE COURT OF APPEALS OF THE STATE OF OREGON RANDY STEVEN ROGERS, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent. Board of Parole and Post-Prison Supervision A185112 Submitted May 9, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for petitioner. Dan Rayfield, Attorney General, Benjamin Gutman, Solicitor General, and Philip Thoennes, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Chief Judge, and Egan, Judge. EGAN, J. Reversed and remanded. 456 Rogers v. Board of Parole EGAN, J. Petitioner seeks judicial review of a final order of the Board of Parole and Post-Prison Supervision (board) that set petitioner’s sex offender notification level at Level 2. We reverse and remand the board’s final order.1 The board concedes that it erred in assessing peti- tioner’s risk of reoffending without considering his offense- free time in the community. We agree with and accept the concession. Under our decisions in Thomsen v. Board of Parole, 333 Or App 703, 554 P3d 308, rev den, 373 Or 81 (2024), and Allen v. Board of Parole, 334 Or App 447, 557 P3d 178, rev den, 373 Or 121 (2024), the board was required to assess petitioner’s risk of reoffense as of the time of the assessment. The appropriate remedy is to reverse and remand to the board for further proceedings. Thomsen, 333 Or App at 717. Reversed and remanded. 1 As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.

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