City of Eugene v. Faerold, 432 P.3d 394, 295 Or. App. 572 (2019)

Jan. 3, 2019 · Court of Appeals of Oregon · A165664

432 P.3d 394, 295 Or. App. 572

CITY OF EUGENE, Plaintiff-Respondent,
v.
Micaelah Vicentia FAEROLD, Defendant-Appellant.

A165664

Court of Appeals of Oregon.

Submitted November 2, 2018.
January 3, 2019

Micaelah Vincentia Faerold filed the brief pro se.

Travis Smith and Suzanne M. Bruce, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

PER CURIAM

Defendant, who was convicted of second-degree animal neglect in the Eugene Municipal Court, appealed to the circuit court where she was again convicted after a trial de novo . Defendant now appeals her conviction to this court. "Under ORS 221.360, when a defendant has been convicted in municipal court, and then convicted in circuit court following a trial de novo , we have jurisdiction to review the circuit court judgment only if the defendant is challenging the constitutionality of the ordinance he was convicted of violating." City of Eugene v. Smyth , 239 Or. App. 175, 181, 243 P.3d 854 (2010), rev. den. , 350 Or 230, 253 P.3d 1079 (2011) (emphasis added). Because, on appeal, defendant does not challenge the constitutionality of the ordinance she was convicted of violating, we do not have jurisdiction over this appeal and, accordingly, we dismiss.

Appeal dismissed.