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 136.830
[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 136.756
[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 […]
Section 136.770 – Enhancement fact related to offense.
(1) When an enhancement fact relates to an offense charged in the accusatory instrument, the court shall submit the enhancement fact to the jury during the trial phase of the criminal proceeding unless the defendant: (a) Defers trial of the enhancement fact under subsection (4) of this section; or (b) Makes a written waiver of […]