Arraignment and Pretrial Provisions

ORS 135.360
Special provisions relating to presentation of plea of guilty or no contest


(1)

Except as provided in subsection (2) of this section, a plea of guilty or no contest to a crime punishable as a felony shall in all cases be put in by the defendant in person in open court unless upon an accusatory instrument against a corporation, in which case it may be put in by counsel.

(2)

Any circuit judge may, within any county in the own district of the judge other than the county where the accusation is pending, accept pleas of guilty or no contest from persons charged with a crime punishable as a felony and pass sentence thereon upon written request of the accused and the attorney of the accused and upon not less than one day’s notice to the district attorney. Judgments based upon such pleas and sentences entered upon the pleas are as effective as though heard and determined in open court in the county where the accusation is pending. Judges accepting the pleas shall transmit the pleas to the clerk of the court in the county where the accusation is pending, whereupon the clerk shall file and enter the pleas to become effective from the date of filing.

(3)

A judge may accept a plea of guilty or no contest under subsection (1) of this section by simultaneous electronic transmission, as defined in ORS 131.045 (Appearances by simultaneous electronic transmission), without the agreement of the state or the defendant if the plea is entered at arraignment and the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant. [Formerly 135.840; 2005 c.566 §7]

See also annotations under ORS 135.840 in permanent edition.

Notes of Decisions

In Oregon there is a constitutional right to be advised of the basic legal consequences of a guilty plea. Jones v. Cupp, 7 Or App 415, 490 P2d 1038 (1971), Sup Ct review denied

Pleading guilty without being informed as to parole ineligibility raises no constitutional issue. Jones v. Cupp, 7 Or App 415, 490 P2d 1038 (1971), Sup Ct review denied

The standard for determining the validity of a guilty plea is whether the plea is entered understandingly and voluntarily. Raisley v. Sullivan, 8 Or App 332, 493 P2d 745 (1972), Sup Ct review denied

Record of criminal proceeding in which defendant enters guilty plea must contain an affirmative showing of the voluntariness of the plea. Raisley v. Sullivan, 8 Or App 332, 493 P2d 745 (1972), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021