Pleading by defendant
- conditional pleas
Source:
Section 135.335 — Pleading by defendant; conditional pleas, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html
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See also annotations under ORS 135.820 in permanent edition.
Notes of Decisions
Harmless error analysis is inappropriate where defendant has entered conditional plea. State v. Dinsmore, 182 Or App 505, 49 P3d 830 (2002)
Withdrawal of plea following successful appeal does not authorize court to reinstate charges dismissed as part of plea agreement. State v. Dinsmore, 200 Or App 432, 116 P3d 226 (2005), aff’d 342 Or 1, 147 P3d 1146 (2006)
Because conditional plea might embody interrelated concessions, defendant may withdraw entire plea where premise underlying one part of plea is found not to be valid. State v. Tannehill, 341 Or 205, 141 P3d 584 (2006)
To preserve right of appeal, conditional guilty plea must contain written reservation of appellate rights, but written plea need not specify which adverse pretrial rulings will be appealed if clearly specified elsewhere in record. State v. Slight, 301 Or App 237, 456 P3d 366 (2019)
COMPLETED CITATIONS: State v. Miller, 5 Or App 501, 484 P2d 1132 (1971), Sup Ct review denied
Law Review Citations
11 WLJ 181, 182 (1975)