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Oregon Revised Statutes

Or. Rev. Stat. § 135.335 (2026)

Pleading by defendant; conditional pleas

✓ current as of May 2026
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      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]

Notes of Decisions
Cited in 194 cases (50 in the last 5 years), 1988–2026 · leading case: State v. McAnulty, 338 P.3d 653 (Or. 2014).
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State v. McAnulty, 338 P.3d 653 (Or. 2014). · cites it 19× “050: “(1) Except as otherwise provided in ORS 135.335, a defendant who has pleaded guilty or no contest may take an appeal from a judgment or order described in ORS 138.”
State v. Dinsmore, 147 P.3d 1146 (Or. 2006). · cites it 13× “The written agreement, authored by the prosecution, provided, in part: “In return for [defendant’s] conditional plea of‘No Contest’ pursuant to ORS 135.335(3) to the charge of Criminally Negligent Homicide (the lesser included charge of Count I), the State agrees to dismiss…”
State v. Colgrove, 521 P.3d 456 (Or. 2022). · cites it 5× “, in full: “The appellate court has no authority to review the valid- ity of the defendant’s plea of guilty or no contest, or a con- viction based on the defendant’s plea of guilty or no contest, except that: “(a) The appellate court has authority to review the trial court’s…”
Stevens v. Bispham, 851 P.2d 556 (Or. 1993). · cites it 6× “" ORS 135.335(2). The court is not required to accept the plea of no contest if, for example, the court believes that there is not sufficient evidence to support a finding that the defendant is guilty beyond a reasonable doubt.”
State v. Dinsmore, 49 P.3d 830 (Or. Ct. App. 2002). · cites it 5× “After the trial court’s ruling, defendant entered a conditional no-contest plea to criminally negligent homicide, see ORS 135.335(3), and the court entered a judgment of conviction based on her plea.”
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019). · cites it 9× “The court entered both judgments following defendant’s entry of two conditional guilty pleas pursuant to ORS 135.335(3), which provides a mechanism for a defendant to reserve “in writ- ing, the right, on appeal from the judgment, to a review of an adverse determination of any…”
State v. Merrill, 492 P.3d 722 (Or. Ct. App. 2021). · cites it 2× “t two grounds: “The appellate court has no authority to review the validity of the defendant’s plea of guilty or no contest, or a conviction based on the defendant’s plea of guilty or no contest, except that: “(a) The appellate court has authority to review the trial court’s…”
State v. Ramirez, 468 P.3d 1006 (Or. Ct. App. 2020). · cites it 3× “Lastly, we discuss our disposition, which is dictated by ORS 135.335(3). In State v. Tannehill, 341 Or 205, 207 , 141 P3d 584 (2006), the state charged defendant with three counts of third-degree sexual abuse and one count of wit- ness tampering.”
State v. Leach, 432 P.3d 310 (Or. Ct. App. 2018). · cites it 5× “After the trial court denied defendant's motion to suppress, defendant entered a conditional guilty plea under ORS 135.335(3) to Counts 1 and 3, reserving the right to appeal the trial court's ruling.”
State v. DeJong, 497 P.3d 710 (Or. 2021). · cites it 2× “In her first argument, defendant had asserted that “the inclusion of Penrod’s statements in the search warrant affidavit contributed to the issuing judge’s probable cause determination, thereby establishing the required nexus.”
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019). · cites it 2× “010 and was therefore a statutory counterpart. The trial court ruled for the state and did not exclude the convictions.”
Neuhaus v. People, 289 P.3d 19 (Colo. 2012). “§ 15A-979(b); Or.Rev. Stat. § 135.335(3); Tex.Code Crim.”
Show all 194 citing cases →
— Or. Rev. Stat. § 135.335(1) — 3 cases
State v. Gaskill, 340 Or. App. 459 (Or. Ct. App. 2025).
State v. B. J. P., 339 Or. App. 134 (Or. Ct. App. 2025).
State v. Gaskill, 340 Or. App. 459 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 135.335(1)(c) — 4 cases
Kleng v. Reyes, 350 Or. App. 504 (Or. Ct. App. 2026).
Criado v. Reyes, 347 Or. App. 448 (Or. Ct. App. 2026).
Criado v. Reyes, 347 Or. App. 448 (Or. Ct. App. 2026).
Kleng v. Reyes, 350 Or. App. 504 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 135.335(2) — 4 cases
Stevens v. Bispham, 851 P.2d 556 (Or. 1993). “" ORS 135.335(2). The court is not required to accept the plea of no contest if, for example, the court believes that there is not sufficient evidence to support a finding that the defendant is guilty beyond a reasonable doubt.”
Johnson v. Premo, 346 P.3d 686 (Or. Ct. App. 2015).
Eby v. Premo, 386 P.3d 224 (Or. Ct. App. 2016).
State v. Herring, 2 P.3d 439 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 135.335(3) — 141 cases
State v. McAnulty, 338 P.3d 653 (Or. 2014). “050: “(1) Except as otherwise provided in ORS 135.335, a defendant who has pleaded guilty or no contest may take an appeal from a judgment or order described in ORS 138.”
State v. Dinsmore, 147 P.3d 1146 (Or. 2006). “The written agreement, authored by the prosecution, provided, in part: “In return for [defendant’s] conditional plea of‘No Contest’ pursuant to ORS 135.335(3) to the charge of Criminally Negligent Homicide (the lesser included charge of Count I), the State agrees to dismiss…”
State v. Dinsmore, 49 P.3d 830 (Or. Ct. App. 2002). “After the trial court’s ruling, defendant entered a conditional no-contest plea to criminally negligent homicide, see ORS 135.335(3), and the court entered a judgment of conviction based on her plea.”
State v. Slight, 456 P.3d 366 (Or. Ct. App. 2019). “The court entered both judgments following defendant’s entry of two conditional guilty pleas pursuant to ORS 135.335(3), which provides a mechanism for a defendant to reserve “in writ- ing, the right, on appeal from the judgment, to a review of an adverse determination of any…”
State v. Ramirez, 468 P.3d 1006 (Or. Ct. App. 2020). “Lastly, we discuss our disposition, which is dictated by ORS 135.335(3). In State v. Tannehill, 341 Or 205, 207 , 141 P3d 584 (2006), the state charged defendant with three counts of third-degree sexual abuse and one count of wit- ness tampering.”
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