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 […]
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 […]
(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 […]
(1) When an enhancement fact relates to the defendant, the court shall submit the enhancement fact to the jury during the sentencing phase of the criminal proceeding if the defendant is found guilty of an offense to which the enhancement fact applies unless the defendant makes a written waiver of the right to a jury […]
When a defendant waives the right to a jury trial on the issue of guilt or innocence, the waiver constitutes a written waiver of the right to a jury trial on all enhancement facts whether related to the offense or the defendant. [2005 c.463 §5] Note: See note under 136.765.
All evidence received during the trial phase of a criminal proceeding may be considered by the jury or, if the defendant waives the right to a jury trial, by the court during the sentencing phase of the proceeding. [2005 c.463 §6] Note: See note under 136.765.
(1) When an enhancement fact is tried to a jury, any question relating to the enhancement fact shall be submitted to the jury. (2) The state has the burden of proving an enhancement fact beyond a reasonable doubt. (3) An enhancement fact that is tried to a jury is not proven unless: (a) The number […]
In order to rely on an enhancement fact, as defined in ORS 136.760, to increase the sentence that may be imposed upon remand of a case described in section 21 (3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the […]
(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 […]
[Amended by 1973 c.836 §250; renumbered 136.500]
[Renumbered 136.505]
[Amended by 1973 c.836 §251; renumbered 136.515]
[Amended by 1973 c.836 §252; renumbered 136.525]
[1971 c.565 §18 (136.851 enacted in lieu of 136.850); 1973 c.836 §253; renumbered 136.535]
