The Motion is also available on line with exhibits as well as Order appealed from.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries are shown in italics.

IN THE COURT OF APPEALS OF THE

STATE OF OREGON

Notice of Appeal

The Defendant / Appellant, Brian P. Carr, hereby gives notice of appeal from the Order entered on April 18, 2006 by Judge Julie E. Frantz in Multnomah County Circuit Court in this matter. A true and accurate copy of this judgment is attached.

Parties

The parties to this appeal are:

Designation of Record

Appellant designates the record in its entirety, including the trial court file, all exhibits, and the audio record of oral proceedings as well a narrative statement provided by the Appellant of the only hearing on April 13, 2006 and subject to the approval of the court and the Respondent.

Key Points

The trial court relied on narrow interpretations of the trial court's jurisdiction in ORS 137.225, ORS 33.015-155, ORS 181-555, and OAR 257-010-0035 (3) in denying the Motion to Set Aside with the unfortunate effect of leaving gaps in the due process procedures required by the Fourteenth Amendment of the U.S. Constitution. The court declined to address the request for relief under the Fourteenth Amendment of the U.S. Constitution with respect to due process and equal protection under the law.

Timeliness of Appeal

This appeal is timely and otherwise properly filed before the Court of Appeals because this Notice of Appeal was filed with the State Court Administrator and served on other parties on April 20, 2006, less than thirty days after the Order appealed from was entered in the record.

Certification of Filing

I certify that on April 20, 2006 I filed the original of the Notice of Appeal with the State Court Administrator at the following address:

ATTN: Records Section
State Court Administrator
Supreme Court Building
1163 State Street
Salem, OR 97301-2563

by mailing with the United States Postal Service via ordinary first class mail.

Certification of Service

I certify that on April 20, 2006 I served a true copy of the Notice of Appeal except that the hand entry portions of the Certifications were not filled in as the Service and Filing were not yet complete to the following parties at the addresses set forth below:

Delivered to: ___________________

Multnomah County District Attorney
Multnomah County Courthouse, Room 600
1021 SW Fourth Avenue
Portland, Oregon 97204

Mailed:

Attorney General of the State of Oregon
Office of the Solicitor General
400 Justice Building
1162 Court St. N.E.
Salem, Oregon 97301

Trial Court Administrator
Multnomah County Courthouse, Room 204
1021 SW Fourth Avenue
Portland, Oregon 97204

Transcript Coordinator
Multnomah County Courthouse, Room 132
1021 SW Fourth Avenue
Portland, Oregon 97204