133.007
Sufficiency of information or complaint; previous convictions; use of statutory
language. (1) An
information or complaint is sufficient if it can be understood therefrom that:
(a) The defendant
is named, or if the name of the defendant cannot be discovered, the defendant
is described by a fictitious name, with the statement that the real name of the
defendant is unknown to the complainant.
(b) The offense
was committed within the jurisdiction of the court, except when, as provided by
law, the act, though done without the county in which the court is held, is
triable within.
(c) The offense
was committed at some time prior to the filing of the information or complaint
and within the time limited by law for the commencement of an action therefor.
(2) The
information or complaint shall not contain allegations that the defendant has
previously been convicted of any offense that might subject the defendant to
enhanced penalties.
(3) Words used in
a statute to define an offense need not be strictly followed in the information
or complaint, but other words conveying the same meaning may be used. [1973
c.836 §63; 2005 c.22 §101]
133.010 [Amended by 1965 c.508 §1;
repealed by 1973 c.836 §358]
Notes of Decisions
Cited in
6
cases, 1977–2013 · leading case:
State v. Reynolds, 51 P.3d 684 (Or. Ct. App. 2002).
State v. Reynolds, 51 P.3d 684 (Or. Ct. App. 2002).
“Instead, we held that ORS 133.007(2) governed. That statute was substantially identical to the statute at issue in Stevens and contained no “material element” exception to the prohibition on including allegations of prior convictions.”
State v. Kuznetsov, 199 P.3d 311 (Or. 2008).
“005(9)(a) (for offenses not punishable as a felony an information serves as the basis for prosecution); ORS 133.007 (describing the “[s]ufficiency of information or complaint”); ORS 133.”
State v. Gruhlke, 306 P.3d 773 (Or. Ct. App. 2013).
· cites it 6× “540, and informations and complaints, ORS 133.007. In 1973, what is now numbered as ORS 133.”
State v. Allen, 567 P.2d 552 (Or. Ct. App. 1977).
· cites it 2× “The appropriate basis for demurrer is ORS 133.007(2), which provides: "The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense which might subject him to enhanced penalties.”
City of Portland v. Ledwidge, 622 P.2d 1150 (Or. Ct. App. 1981).
· cites it 2× “Relying on ORS 133.007(3), 2 the city argues that this holding elevates semantics over substance and that the word "remain” conveys the same meaning as "to be in.”
State v. Holdner, 772 P.2d 1382 (Or. Ct. App. 1989).
“Sections 63 and 64, which became ORS 133.007 and ORS 133.015, respectively, describe the sufficiency and contents of any complaint, thus triggering the definition in ORS 131.”
— Or. Rev. Stat. § 133.007(1)(c) — 1 case
State v. Gruhlke, 306 P.3d 773 (Or. Ct. App. 2013).
“540, and informations and complaints, ORS 133.007. In 1973, what is now numbered as ORS 133.”
— Or. Rev. Stat. § 133.007(2) — 2 cases
State v. Reynolds, 51 P.3d 684 (Or. Ct. App. 2002).
“Instead, we held that ORS 133.007(2) governed. That statute was substantially identical to the statute at issue in Stevens and contained no “material element” exception to the prohibition on including allegations of prior convictions.”
State v. Allen, 567 P.2d 552 (Or. Ct. App. 1977).
“The appropriate basis for demurrer is ORS 133.007(2), which provides: "The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense which might subject him to enhanced penalties.”
— Or. Rev. Stat. § 133.007(3) — 1 case
City of Portland v. Ledwidge, 622 P.2d 1150 (Or. Ct. App. 1981).
“Relying on ORS 133.007(3), 2 the city argues that this holding elevates semantics over substance and that the word "remain” conveys the same meaning as "to be in.”
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