Section 136.776 – Effect of waiver of right to jury trial.
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.
Section 136.780 – Evidence.
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.
Section 136.785 – Burden of proof; effect of finding.
(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 […]
Section 136.790 – Notice to defendant upon remand.
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 […]