State v. Nix, 345 P.3d 416

State convicted defendant of 20 counts of second‑degree animal neglect; trial court merged sentences into a single conviction; state appealed challenging the sentence lawfulness.
Court of Appeals reversed/remanded for resentencing; Oregon Supreme Court later affirmed the Court of Appeals.
After decision published, state moved to stay issuance and determine jurisdiction, arguing potential lack of statutory authority to appeal misdemeanor judgments.
Defendant sought vacatur of both appellate opinions and dismissals of the appeal; OPDS filed a brief as amicus.
State conceded lack of statutory authority to appeal misdemeanor judgments; state urged mandamus as alternative jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to appeal a misdemeanor judgment	State, citing ORS 138.060(1)(e) and ORS 138.222, asserts jurisdiction	Nix contends no statute authorizes misdemeanor-judgment appeals	Not authorized; no jurisdiction for misdemeanor appeal
Mandamus as alternative jurisdiction	State could rely on mandamus if appeal lacked jurisdiction	Mandamus not proper here; notice of appeal insufficient	Mandamus not available; jurisdiction not triggered
Dispositional relief (vacatur)	Vacatur unnecessary; public interest in decisions	Vacatur warranted given lack of jurisdiction	Vacatur required; dismiss the appeal and vacate opinions

State v. Nix, 355 Or 777 (2014) (vacated prior decisions; lack of jurisdiction in misdemeanor appeal)
State v. Nix, 251 Or App 449 (2012) (Court of Appeals decision vacated; lack of jurisdiction)
Cloutier, 351 Or 68 (2011) (appeal/ review scope; misdemeanor sentencing not appealable under ORS 138.222)
Bray, 352 Or 809 (2012) (mandamus/ interlocutory appeal labeling issue; mislabeled initiating document)
Mueller v. Benning, 314 Or 615 (1992) (mislabeling claims not jurisdiction‑defeating)
Yancy v. Shatzer, 337 Or 345 (2004) (vacatur considerations; mootness/jurisdiction)