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Oregon Revised Statutes

Or. Rev. Stat. § 135.365 (2026)

Withdrawal of plea of guilty or no contest

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      135.365 Withdrawal of plea of guilty or no contest. The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of not guilty substituted therefor. [Formerly 135.850]

Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1978–2025 · leading case: State v. Heisser, 222 P.3d 719 (Or. Ct. App. 2009).
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State v. Heisser, 222 P.3d 719 (Or. Ct. App. 2009). · cites it 22× “The trial court, over defendant's objection, set aside defendant's guilty pleas pursuant to ORS 135.365 and set the case for trial. Thereafter, defendant was convicted by a jury of the four counts in the indictment: one count of first-degree robbery, ORS 164.”
State v. Clevenger, 683 P.2d 1360 (Or. 1984). · cites it 6× “He cited ORS 135.365, which provides: "The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of not guilty substituted therefor.”
State v. Heisser, 249 P.3d 113 (Or. 2011). · cites it 4× “The judge stated that he was “treating] this as a motion by the State pursuant to ORS 135.365,[ 3 ] and any other statutes that might be applicable to cause the defendant to withdraw his plea.”
Stevens v. Bispham, 851 P.2d 556 (Or. 1993). · cites it 2× “ORS 135.365. "A defendant may plead no contest only with the consent of the court.”
State v. Dinsmore, 116 P.3d 226 (Or. Ct. App. 2005). · cites it 4× “” However, relying on ORS 135.365 as context, it concludes that the legislature intended that “[t]he withdrawal of a plea under ORS 135.”
State v. Harrell / Wilson, 297 P.3d 461 (Or. 2013). “380(2) (defendant may plead guilty, thus waiving jury trial, at arraignment “or any time thereafter”); ORS 135.365 (“at any time before judgment” court has discretion to permit plea of guilty to be withdrawn).”
State v. Simonsen, 986 P.2d 566 (Or. 1999). · cites it 2× “Under ORS 135.365, a trial court “may at any time before judgment, upon a plea of guilty or no contest, permit [a plea of guilty] to be withdrawn and a plea of not guilty substituted therefor.”
State v. Bateman, 771 P.2d 314 (Or. Ct. App. 1989). · cites it 2× “On review by the Supreme Court, the defendant argued that there was no factual basis for the plea, as required by ORS 135.365. *319 The court held that under ORS 138.”
Michael Cuero v. Matthew Cate, 850 F.3d 1019 (9th Cir. 2017). · cites it 2× “165 ; Or. Rev. Stat. Ann. § 135.365 . 28 CUERO V.”
State v. Taylor, 660 P.2d 690 (Or. Ct. App. 1983). · cites it 2× “It relies on ORS 135.365: *224 “The court may at any time before judgment, upon a plea of guilty or no contest, permit it to be withdrawn and a plea of not guilty substituted therefor.”
State v. Craig, 337 Or. App. 38 (Or. Ct. App. 2024). “ORS 135.365 (“The court may at any time 46 State v.”
State v. Hathaway, 728 P.2d 908 (Or. Ct. App. 1986). “The defendant’s prior plea of guilty or resulting judgment, notwithstanding ORS 135.365, *512 shall be vacated upon motion by the defendant if made within 30 days after defendant’s arraignment for the subsequent prosecution.”
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