ORS 135.407
Plea agreement must contain defendant’s criminal history classification

  • stipulations
In cases arising from felonies committed on or after November 1, 1989:

(1)

Whenever a plea agreement is presented to the sentencing judge, the defendant’s criminal history classification, as set forth in the rules of the Oregon Criminal Justice Commission, shall be accurately represented to the trial judge in the plea agreement. If a controversy exists as to whether a prior conviction or juvenile adjudication should be included in the defendant’s criminal history, or as to its classification under rules of the Oregon Criminal Justice Commission, the district attorney and the defendant may stipulate to the inclusion, exclusion or classification of the conviction or adjudication as part of the plea agreement subject to approval of the court.

(2)

The district attorney and the defendant may stipulate to the grid block classification within the sentencing guidelines grid established by the rules of the Oregon Criminal Justice Commission that will provide the presumptive sentence range for the offender. The sentencing judge may accept the stipulated classification and impose the presumptive sentence provided in the rules of the Oregon Criminal Justice Commission for that grid block.

(3)

If the district attorney and the defendant stipulate to a grid block classification within the sentencing guidelines grid, and the sentencing judge accepts the stipulated classification but imposes a sentence other than the presumptive sentence provided by rules of the Oregon Criminal Justice Commission, the sentence is a departure sentence and is subject to rules of the Oregon Criminal Justice Commission related to departures.

(4)

The district attorney and defendant may stipulate to a specific sentence within the presumptive range provided by rules of the Oregon Criminal Justice Commission for the stipulated offender classification. If the sentencing judge accepts the plea agreement, the judge shall impose the stipulated sentence.

(5)

The district attorney and the defendant may stipulate to a sentence outside the presumptive sentence range for a stipulated grid block classification. The sentencing judge may accept an agreement for an optional probationary sentence or a departure sentence as provided in rules of the Oregon Criminal Justice Commission. [1989 c.790 §2]

Source: Section 135.407 — Plea agreement must contain defendant’s criminal history classification; stipulations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors135.­html.

Notes of Decisions

Although defendant pleaded guilty to drug charges and was sentenced according to guidelines classification for scheme and network convictions and, after plea, scheme and network provisions were held unconstitutional, to allow review of defendant’s sentence would nullify prohibition of [former] ORS 138.222 against review of sentence imposed pursuant to plea agreement. State v. Rathbone I, 110 Or App 414, 823 P2d 430 (1991), Sup Ct review denied

135.010
Time and place 135.020
Scope of proceedings 135.030
When presence of defendant is required 135.035
Bringing in defendant not yet arrested or held to answer 135.037
Omnibus hearing 135.040
Right to counsel 135.045
Court appointment of counsel 135.050
Eligibility for court-appointed counsel 135.055
Compensation and expenses of appointed counsel 135.060
Informing defendant as to use of name in accusatory instrument 135.065
Name used in further proceedings 135.067
Effect of failure to provide true name of defendant on certain types of release 135.070
Informing defendant as to charge, right to counsel, use of statement and preliminary hearing 135.073
Statement by defendant when not advised of rights 135.075
Obtaining counsel 135.085
Subpoenaing witnesses 135.090
Examination of adverse witnesses 135.095
Right of defendant to make or waive making a statement 135.100
Statement of defendant 135.105
Use of statement before grand jury or on trial 135.115
Waiver of right to make statement 135.125
Examination of defendant’s witnesses 135.135
Exclusion of witnesses during examination of others 135.139
Notice of availability of testing for HIV and other communicable diseases to person charged with crime 135.145
Testimony of witnesses 135.155
Retention of record and statements by magistrate 135.165
Counsel for complainant 135.173
Oregon Evidence Code to apply in preliminary hearings 135.175
Discharge 135.185
Holding defendant to answer 135.195
Commitment 135.205
Indorsement in certain cases 135.215
Direction to sheriff 135.225
Forwarding of papers by magistrate 135.230
Definitions for ORS 135.230 to 135.290 135.233
Standing pretrial release orders 135.235
Release assistance officers 135.240
Releasable offenses 135.242
Security release for certain methamphetamine offenses 135.245
Release decision 135.246
Release conditions related to medical use of cannabis 135.247
Order prohibiting contact with victim of sex crime or domestic violence 135.250
General conditions of release agreement 135.253
Waiver of appearance at trial as release condition prohibited 135.255
Release agreement 135.260
Conditional release 135.265
Security release 135.270
Taking of security 135.275
Seizure of security by law enforcement agency 135.280
Arrest warrant 135.285
Modification of release decision 135.290
Punishment by contempt of court 135.295
Application of ORS 135.230 to 135.290 to certain traffic offenses 135.305
Types of answer 135.315
Types of pleading 135.325
Pleading a judgment 135.335
Pleading by defendant 135.345
Legal effect of plea of no contest 135.355
Presentation of plea 135.360
Special provisions relating to presentation of plea of guilty or no contest 135.365
Withdrawal of plea of guilty or no contest 135.370
Not guilty plea as denial of allegations of accusatory instrument 135.375
Pleading to offenses in other counties 135.380
Time of entering plea 135.385
Defendant to be advised by court 135.390
Determining voluntariness of plea 135.395
Determining accuracy of plea 135.405
Plea discussions and plea agreements 135.407
Plea agreement must contain defendant’s criminal history classification 135.415
Criteria to be considered in plea discussions and plea agreements 135.418
Prohibited plea agreement provisions 135.425
Responsibilities of defense counsel 135.432
Judge involvement in plea discussions 135.435
Discussion and agreement not admissible 135.445
Withdrawn plea or statement not admissible 135.455
Notice prior to trial of intention to rely on alibi evidence 135.465
Defect in accusatory instrument as affecting acquittal on merits 135.470
Motion to dismiss accusatory instrument on grounds of former jeopardy 135.510
Grounds for motion to set aside the indictment 135.520
Time of making motion 135.530
Effect of allowance of motion 135.540
Effect of resubmission of case 135.560
Order to set aside is no bar to future prosecution 135.610
Demurrer 135.630
Grounds of demurrer 135.640
When objections that are grounds for demurrer may be taken 135.650
Hearing of objections specified by demurrer 135.660
Judgment on demurrer 135.670
Allowance of demurrer 135.680
Procedure if resubmission of case not allowed 135.690
Resubmission of case 135.700
Disallowance of demurrer 135.703
Crimes subject to being compromised 135.705
Satisfaction of injured person 135.707
Discharge as bar to prosecution 135.709
Exclusiveness of procedure 135.711
Facts constituting crime or subcategory of crime required 135.713
Necessity of stating presumptions of law and matters judicially noticed 135.715
Effect of nonprejudicial defects in form of accusatory instrument 135.717
Time of crime 135.720
Place of crime in certain cases 135.725
Person injured or intended to be injured 135.727
Description of animal 135.730
Judgments 135.733
Defamation 135.735
Forgery 135.737
Perjury 135.740
Construction of words and phrases used 135.743
Fictitious or erroneous name 135.745
Delay in finding an indictment or filing an information 135.746
Time period within which trial must commence 135.748
Periods of time excluded from time limits 135.750
Where there is reason for delay 135.752
When trial not commenced within time limit 135.753
Effect of dismissal 135.755
Dismissal on motion of court or district attorney 135.757
Nolle prosequi 135.760
Notice requesting early trial on pending charge 135.763
Trial within 90 days of notice unless continuance granted 135.765
Dismissal of criminal proceeding not brought to trial within allowed time 135.767
Presence of prisoner at proceedings 135.770
Release of prisoner prohibited 135.773
District attorney to furnish certain documents 135.775
Agreement on Detainers 135.777
Definition for ORS 135.775 135.779
Enforcement of ORS 135.775 by public agencies 135.783
Effect of escape from custody in another state 135.785
Surrender of custody under ORS 135.775 135.787
Administrator of agreement 135.789
Notice of request for temporary custody 135.791
Request for final disposition of detainer from prisoner in another state 135.793
Procedure where untried instrument pending against prisoner in another state 135.805
Applicability 135.815
Disclosure to defendant 135.825
Other disclosure to defense 135.835
Disclosure to the state 135.845
Time of disclosure 135.855
Material and information not subject to discovery 135.857
Disclosure to victim 135.865
Effect of failure to comply with discovery requirements 135.873
Protective orders 135.881
Definitions for ORS 135.881 to 135.901 135.886
Requirements for diversion 135.891
Conditions of diversion agreement 135.893
Diversion conditions related to medical use of cannabis 135.896
Stay of criminal proceedings during period of agreement 135.898
Diversion agreement involving servicemember charged with domestic violence 135.901
Effect of compliance or noncompliance with agreement 135.925
Bad check diversion program 135.941
Early disposition programs 135.942
Purposes of program 135.943
Provisions of program 135.948
Availability to probationers 135.949
Other programs authorized 135.951
Authorization 135.953
How mediation may be used 135.955
Notifying victims and person charged with crime of mediation opportunities 135.957
Application of ORS 36.220 to 36.238 to mediation of criminal offenses 135.959
Authority to contract with dispute resolution programs 135.970
Information required when victim contacted by defense 135.973
Medication use by specialty court entrant 135.980
Rehabilitative programs directory 135.983
Court inquiry into defendant’s immigration status prohibited 135.985
Procedure when defendant is servicemember 135.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 135.407’s source at oregon​.gov