Defendant appeals from a trial court order which denied his motion to dismiss on the ground of former jeopardy. There is no judgment of conviction or any basis for an interlocutory appeal in this case. ORS 138.040. Defendant does not seek a writ of mandamus. See State ex rel Wark v. Freerksen, 84 Or App 90, 733 P2d 100 (1987). The order denying his motion is not appealable. Therefore, we dismiss the appeal.

Appeal dismissed.