Section 138.045 - Appeal by state(1) The state may take an appeal from the circuit court, or from a municipal court or a justice court that has become a court of record under ORS 51.025 or 221.342, to the Court of Appeals from:(a) An order made prior to trial dismissing or setting aside one or more counts in the accusatory instrument;(b) An order allowing a demurrer;(c) An order arresting the judgment;(d) An order made prior to trial suppressing evidence;(e) An order made prior to trial for the return or restoration of things seized;(f) For a felony committed on or after November 1, 1989, a judgment, amended judgment or corrected judgment of conviction;(g) For any felony, a judgment, amended judgment, supplemental judgment, corrected judgment or post-judgment order, that denied restitution or awarded less than the amount of restitution requested by the state;(h) An order or judgment in a probation revocation hearing finding that a defendant who was sentenced to probation under ORS 137.712 has not violated a condition of probation by committing a new crime;(i) An order made after a guilty finding dismissing or setting aside one or more counts in the accusatory instrument; or(j) An order granting a new trial.(2) Notwithstanding subsection (1) of this section, when the state chooses to appeal an order described in subsection (1)(a), (b) or (d) of this section, the state shall take the appeal to the Supreme Court if the defendant is charged with murder or aggravated murder.