CITY OF LINCOLN CITY v. PENNINGTON, 91 Or. App. 713 (1988)

756 P.2d 75

CITY OF LINCOLN CITY, Respondent, v. PENNINGTON, Appellant.

CR8701433; CA A46058Oregon Court of Appeals.Argued and submitted March 18, 1988
Appeal dismissed June 22, 1988

Appeal from District Court, Lincoln County.

Robert J. Huckleberry, Judge.

Guy B. Greco, Newport, argued the cause for appellant. With him on the brief was Greco Escobar, Newport.

D. Kevin Williams, Lincoln City, argued the cause for respondent. With him on the brief was Kulla Ronnau, P.C., Lincoln City.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Appeal dismissed.

Page 714

PER CURIAM

Defendant appeals from a district court judgment dismissing her appeal of her conviction in municipal court for violating a municipal ordinance. In City of Klamath Falls v. Winters, 289 Or. 757, 619 P.2d 217 (1980), the Supreme Court held that a person who is convicted in municipal court and appeals that conviction to circuit court, pursuant to ORS 221.350 to ORS 221.390, may appeal an adverse decision of the circuit court to this court only if the case involves the constitutionality of the ordinance under which the defendant was convicted.

In 1985, the legislature amended ORS 221.350 to ORS 221.390
to channel appeals from municipal court convictions to the district court instead of the circuit court in counties which have both courts. Or Laws 1985, ch 342, §§ 16-19. Defendant appealed his municipal court conviction under those statutes, and her appeal to this court raises no issue challenging the constitutionality of the ordinance under which she was convicted. Therefore, we lack jurisdiction to hear defendant’s appeal.

Appeal dismissed.

Page 715