Section 136.830
[Amended by 1973 c.836 §251; renumbered 136.515]
Section 136.840
[Amended by 1973 c.836 §252; renumbered 136.525]
Section 136.851
[1971 c.565 §18 (136.851 enacted in lieu of 136.850); 1973 c.836 §253; renumbered 136.535]
Section 136.792 – Jury upon remand.
(1) For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing for which a new sentence has not been imposed prior to July 7, 2005, the court may impanel a new jury to determine the enhancement facts as defined in ORS […]
Section 136.810
[Amended by 1973 c.836 §250; renumbered 136.500]
Section 136.820
[Renumbered 136.505]
Section 136.753
[1993 c.379 §2; renumbered 153.808 in 1995]
Section 136.756
[1993 c.379 §3; renumbered 153.810 in 1995]
Section 136.760 – Definitions for ORS 136.765 to 136.785.
As used in ORS 136.765 to 136.785: (1) “Accusatory instrument” has the meaning given that term in ORS 131.005. (2) “Enhancement fact” means a fact that is constitutionally required to be found by a jury in order to increase the sentence that may be imposed upon conviction of a crime. [2005 c.463 §1] Note: 136.760 […]
Section 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 […]