CITY OF EUGENE v. FAEROLD (2019)

Court of Appeals of Oregon.

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

A165664

Decided: January 03, 2019

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

Micaelah Vincentia Faerold filed the brief pro se. Travis Smith and Suzanne M. Bruce, filed the brief for respondent.

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.

PER CURIAM

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