Facts constituting crime or subcategory of crime required
Source:
Section 135.711 — Facts constituting crime or subcategory of crime required, https://www.oregonlegislature.gov/bills_laws/ors/ors135.html.
Notes of Decisions
Sentence cannot be enhanced if circumstances defining specific conduct with which defendant is charged are not alleged in offense charged; it is not sufficient that charging instrument as whole contains allegations as to pertinent subcategory factors. State v. Drake, 113 Or App 16, 832 P2d 44 (1992)
Where indictment properly alleges elements of underlying offense, inclusion of alternative grounds for enhancing sentence does not create allegation of multiple offenses. State v. Merrill, 135 Or App 408, 899 P2d 712 (1995); State v. Wright, 150 Or App 159, 945 P2d 1083 (1997), Sup Ct review denied
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