Arraignment and Pretrial Provisions

ORS 135.395
Determining accuracy of plea


After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. [1973 c.836 §169]

Notes of Decisions

Trial court's failure to comply with this section did not constitute basis for post-conviction relief under ORS 138.530. Dockery v. Maass, 99 Or App 219, 781 P2d 1230 (1989), Sup Ct review denied

"Factual basis for the plea" refers to facts regarding whether defendant committed crime to which defendant pleads, not facts regarding plea process. State v. Heisser, 232 Or App 320, 222 P3d 719 (2009), aff'd 350 Or 12, 249 P3d 113 (2011)


Source

Last accessed
Jun. 26, 2021