Appeals

ORS 138.698
Effect of setting aside conviction on plea agreement


When a conviction has been set aside as the result of evidence obtained through DNA testing conducted under ORS 138.692 (Motion for DNA testing), the prosecution of any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside may be commenced within the later of:

(1)

The period of limitation established for the offense under ORS 131.125 (Time limitations) to 131.155 (Tolling of statute); or

(2)

Notwithstanding ORS 131.125 (Time limitations) and 131.155 (Tolling of statute), two years after the date the conviction was set aside. [2005 c.759 §3; 2019 c.368 §10]
Note: See note under 138.688 (Definitions).

Source

Last accessed
Jun. 26, 2021