ORS 137.071
Requirements for judgment documents
(1)
The judge in a criminal action shall ensure that the creation and filing of a judgment document complies with this section. On appeal, the appellate court may give leave as provided in ORS 19.270 (Appellate jurisdiction of Supreme Court and Court of Appeals) for entry of a judgment document that complies with this section but may not reverse or set aside a judgment, determination or disposition on the sole ground that the judgment document fails to comply with this section.(2)
A judgment document in a criminal action must comply with ORS 18.038 (Form of judgment document generally). In addition, a judgment document in a criminal action must:(a)
Indicate whether the defendant was determined to be financially eligible for purposes of appointed counsel in the action.(b)
Indicate whether the court appointed counsel for the defendant in the action.(c)
If there is no attorney for the defendant, indicate whether the defendant knowingly waived any right to an attorney after having been informed of that right.(d)
Include the identity of the recorder or reporter for the proceeding or action who is to be served under ORS 138.081 (Service and filing of notice of appeal).(e)
Include any information specifically required by statute or by court rule.(f)
Specify clearly the court’s determination for each charge in the information, indictment or complaint.(g)
Specify clearly the court’s disposition, including all legal consequences the court establishes or imposes. If the determination is one of conviction, the judgment document must include any suspension of sentence, forfeiture, imprisonment, cancellation of license, removal from office, monetary obligation, probation, conditions of probation, discharge, restitution, community service and all other sentences and legal consequences imposed by the court. Nothing in this paragraph requires the judgment document to specify any consequences that may result from the determination but are not established or imposed by the court.(h)
Include the identities of the attorney for the state and the attorney, if any, for the defendant.(i)
If the court sentences the defendant to a term of incarceration, and the physical custody of the defendant as determined by ORS 137.124 (Commitment of defendant to Department of Corrections or county) is related to the age of the defendant at the time of committing an offense, indicate the age of the defendant at the time of committing the offense.(3)
A judgment document in a criminal action that includes a money award, as defined in ORS 18.005 (Definitions), must comply with ORS 18.048 (Judgment in criminal action that contains money award).(4)
The requirements of this section do not apply to a judgment document if the action was commenced by the issuance of a uniform citation adopted under ORS 1.525 (Uniform citation and petition forms for certain offenses) and the court has used the space on the citation for the entry of a judgment. The exemption provided by this subsection does not apply if any indictment, information or complaint other than a uniform citation is filed in the action.(5)
For the purposes of determining the defendant’s age at the time of committing an offense under subsection (2) of this section:(a)
If the defendant is convicted of two or more offenses occurring on different days, the defendant’s age shall be calculated using the earliest date.(b)
If the defendant is convicted of an offense occurring within a range of dates, the defendant’s age shall be calculated using the date at the beginning of the range. [1989 c.472 §2; 1995 c.117 §1; 1997 c.526 §3; 2001 c.962 §88; 2003 c.300 §§1,2; 2003 c.576 §162; 2019 c.634 §1]
Source:
Section 137.071 — Requirements for judgment documents, https://www.oregonlegislature.gov/bills_laws/ors/ors137.html.
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