135.360
Special provisions relating to presentation of plea of guilty or no contest. (1) Except as provided in
subsection (2) of this section, a plea of guilty or no contest to a crime
punishable as a felony shall in all cases be put in by the defendant in person
in open court unless upon an accusatory instrument against a corporation, in
which case it may be put in by counsel.
(2) Any circuit
judge may, within any county in the own district of the judge other than the
county where the accusation is pending, accept pleas of guilty or no contest
from persons charged with a crime punishable as a felony and pass sentence
thereon upon written request of the accused and the attorney of the accused and
upon not less than one day’s notice to the district attorney. Judgments based
upon such pleas and sentences entered upon the pleas are as effective as though
heard and determined in open court in the county where the accusation is
pending. Judges accepting the pleas shall transmit the pleas to the clerk of
the court in the county where the accusation is pending, whereupon the clerk
shall file and enter the pleas to become effective from the date of filing.
(3) A judge may
accept a plea of guilty or no contest under subsection (1) of this section by
simultaneous electronic transmission, as defined in ORS 131.045, without the
agreement of the state or the defendant if the plea is entered at arraignment
and the type of simultaneous electronic transmission available allows the
defendant to observe the court and the court to observe the defendant. [Formerly
135.840; 2005 c.566 §7]
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1984–2026 · leading case:
State v. Lobue
State v. Lobue (2019)
orctapp · cites it 5×
“030 (1973) (requiring defendant to personally appear at felony arraignments); former ORS 135.360 (1955), renum- bered as ORS 135.”
State v. Peterson (1984)
orctapp · cites it 2×
“ORS 135.360. Defense counsel must ensure that it is defendant's decision to plead guilty or no contest.”
State v. Brumwell (2011)
or
“As this court explained in Fanus, “the possibility of an unconstitutional application of [a statute] to the defendant’s case [i]s not a defect appearing on the face of the accusatory instrument or otherwise grounds for demurrer under ORS 135.360.” Id. If defendant wanted to…”
State v. Burge (2000)
orctapp · cites it 2×
“, ORS 135.360 which requires a trial court to make inquiry of a defendant in person regarding a proposed guilty or no-contest plea to a criminal charge.”
State v. HEISSER (2009)
orctapp · cites it 2×
“355 (describing the entry of the defendant's plea in the court's register); ORS 135.360 (explaining ways in which a court can "accept" pleas).”
State v. Roberts (2026)
or · cites it 2×
“845 (governing dis- covery); ORS 135.360 (governing demurrers); ORS 135.”
Simpson v. Burrows (2000)
ord
“While the law in Oregon does not require the personal appearance of a criminal defendant to plead guilty to misdemeanor charges, see ORS 135.360 (requiring the entry of a guilty or no contest plea in person in felony cases), the criminal trial court must still determine that the…”
State v. Ysasaga (1997)
orctapp
“ORS 135.360; 135.640. The possible application of a ‘true life’ sentence to defendant did not appear on the face of the indictment.”
State v. Toland (2012)
orctapp
“232 Or App at 576 ; see ORS 135.360 (in considering whether to sustain a demurrer, the court may consider only the information contained in the indictment).”
— Or. Rev. Stat. § 135.360(4) — 1 case
State v. Roberts (2026)
or
“845 (governing dis- covery); ORS 135.360 (governing demurrers); ORS 135.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.