Criminal Trials

ORS 136.765
Notice to defendant

In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by:

(1)

Pleading the enhancement fact in the accusatory instrument; or

(2)

Providing written notice to the defendant of the enhancement fact, and the state’s intention to rely on it, no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown. [2005 c.463 §2; 2011 c.267 §1]
Note: 136.765 (Notice to defendant) to 136.785 (Burden of proof) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

For purpose of giving defendant notice of intention to rely on enhancement facts, “reasonable time” means time sufficient to allow defendant to prepare defense against those enhancement facts. State v. Roberts, 231 Or App 263, 219 P3d 41 (2009), Sup Ct review denied

“Enhancement fact” means specific enhancement fact. State v. Alexander, 255 Or App 594, 298 P3d 55 (2013)

Notice of intent to rely on enhancement facts is required if facts to be determined will be used in evaluating whether to impose dispositional departure for specific offense. State v. Frinell, 290 Or App 296, 414 P3d 430 (2018)

Source

Last accessed
Mar. 11, 2023

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