Title 137 · ORS Chapter 137

or 813.011, the terms of the agreement shall include the vacating of

Citation: ORS 475.930

Section: 475.930

475.930 or 813.011, the terms of the agreement shall include the vacating of the original judgment of conviction, and may include the preparation by the district attorney of a new charging instrument with an alternative offense, a plea by the person to the alternative offense and waiver of any challenges to the conviction for the alternative offense and the imposition by the court of the new sentence on the alternative offense.

����� (2)(a) Upon receipt of the petition described in subsection (1) of this section, the court shall hold a hearing. The court may grant the petition if the court determines that the original sentence no longer advances the interests of justice.

����� (b) If the court grants the petition, but the court is not authorized to impose the new sentence requested in the petition on the original conviction due to fact that the new sentence is lower than a sentence required by ORS 137.690, 137.700, 164.061, 475.907,