1. (1)

   1. (a) The state or a city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by state law, in which event the appeal is in the name of the state.
   2. (b) The city may appeal as provided in subsection (2) of this section in a proceeding involving a violation or misdemeanor defined by city charter or ordinance, in which event the appeal is in the name of the city.

2. (2) In a proceeding involving a violation or misdemeanor, the prosecution may appeal from:

   1. (a) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument.
   2. (b) An order allowing a demurrer.
   3. (c) An order made prior to trial suppressing evidence.
   4. (d) An order made prior to trial for the return or restoration of things seized.
   5. (e) An order arresting the judgment.
   6. (f) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument.
   7. (g) An order granting a new trial.
3. (3) In a proceeding involving a violation, the prosecution may appeal an order granting a defendant’s motion for relief from default under ORS 153.105.
4. (4) Notwithstanding subsection (2) of this section, the prosecution may not appeal the dismissal of a violation by reason of a police officer’s failure to appear at the trial on the matter if the police officer was timely provided with notice of the trial date.

[2025 c.268 §44]