2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 136
136.765 Notice to defendant.


OR Rev Stat § 136.765 (through Leg Sess 2011) What's This?

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 enhancement fact, and the state s intention to rely on it, no later than 60 days after the defendant is arraigned on an indictment, waives indictment or is held to answer following a preliminary hearing, or 14 days before trial, whichever occurs earlier, unless the parties agree otherwise or the court authorizes a later date for good cause shown. [2005 c.463 2; 2011 c.267 1]

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