Title 135 · ORS Chapter 135

135.430] ����� 135.320 [Amended by 1961 c.696 �2; 1967 c.475 �2; 1973 c.836 �134; renumbered 135.045] ����� 135.325 Pleading a judgment. In pleading a judgment or other determination of or pro

Citation: ORS 135.430

Section: 135.430

135.430]

����� 135.320 [Amended by 1961 c.696 �2; 1967 c.475 �2; 1973 c.836 �134; renumbered 135.045]

����� 135.325 Pleading a judgment. In pleading a judgment or other determination of or proceeding before a court or officer of special jurisdiction, it is not necessary for the defendant to state the facts conferring jurisdiction; but the judgment, determination, or proceeding may be stated to have been duly given or made. The facts conferring jurisdiction, however, must be established on the trial. [Formerly 135.450]

����� 135.330 [Amended by 1961 c.698 �1; 1967 c.628 �1; 1971 c.677 �1; renumbered 135.055]

(Plea)

����� 135.335 Pleading by defendant; conditional pleas. (1) The kinds of plea to an indictment, information or complaint, or each count thereof, are:

����� (a) Guilty.

����� (b) Not guilty.

����� (c) No contest.

����� (2) A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.

����� (3) With the consent of the court and the state, a defendant may enter a conditional plea of guilty or no contest reserving, in writing, the right, on appeal from the judgment, to a review of an adverse determination of any specified pretrial motion. A defendant who finally prevails on appeal may withdraw the plea. [1973 c.836 �159; 1999 c.134 �1]

����� 135.340 [Amended by 1973 c.836 �136; renumbered 135.060]

����� 135.345 Legal effect of plea of no contest. A judgment following entry of a no contest plea is a conviction of the offense to which the plea is entered. [1973 c.836 �160]

����� 135.350 [Amended by 1973 c.836 �137; renumbered 135.065]

����� 135.355 Presentation of plea; entry in register; forms. (1) Every plea shall be oral and shall be entered in the register of the court in substantially one of the following forms:

����� (a) �The defendant pleads that defendant is guilty of the offense charged in this accusatory instrument.�

����� (b) �The defendant pleads that defendant is not guilty of the offense charged in this accusatory instrument.�

����� (c) �The defendant pleads no contest to the offense charged in this accusatory instrument.�

����� (2) When a defendant enters a conditional plea of guilty or no contest, the entry in the register of the court shall so indicate.

����� (3) For purposes of this section, an oral plea includes a plea made orally by means of simultaneous electronic transmission as described in ORS 131.045. [Formerly