Arraignment and Pretrial Provisions

ORS 135.335
Pleading by defendant

  • conditional pleas


(1)

The kinds of plea to an indictment, information or complaint, or each count thereof, are:

(a)

Guilty.

(b)

Not guilty.

(c)

No contest.

(2)

A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.

(3)

With the consent of the court and the state, a defendant may enter a conditional plea of guilty or no contest reserving, in writing, the right, on appeal from the judgment, to a review of an adverse determination of any specified pretrial motion. A defendant who finally prevails on appeal may withdraw the plea. [1973 c.836 §159; 1999 c.134 §1]

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)

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)


Source

Last accessed
Jun. 26, 2021