135.385
Defendant to be advised by court; inquiry into immigration status prohibited. (1) The court shall not accept a
plea of guilty or no contest to a felony or other charge on which the defendant
appears in person without first addressing the defendant personally and
determining that the defendant understands the nature of the charge.
(2) The court
shall inform the defendant:
(a) That by a
plea of guilty or no contest the defendant waives the right:
(A) To trial by
jury;
(B) Of
confrontation; and
(C) Against
self-incrimination.
(b) Of the
maximum possible sentence on the charge, including the maximum possible
sentence from consecutive sentences.
(c) When the
offense charged is one for which a different or additional penalty is
authorized by reason of the fact that the defendant may be adjudged a dangerous
offender, that this fact may be established after a plea in the present action,
thereby subjecting the defendant to different or additional penalty.
(d) That if the
defendant is not a citizen of the United States conviction of a crime may
result, under the laws of the United States, in removal proceedings,
deportation, exclusion from admission to the United States or denial of
naturalization.
(e) That if the
defendant is entering a guilty plea pursuant to a plea offer and agreed
disposition recommendation under ORS 135.405, the court will agree to impose
sentence as provided in the agreed disposition recommendation.
(f) That if the
defendant enters a plea of guilty or no contest to an offense involving
domestic violence, as defined in ORS 135.230, and is convicted of the offense,
federal law may prohibit the defendant from possessing, receiving, shipping or
transporting any firearm or firearm ammunition and that the conviction may
negatively affect the defendant’s ability to serve in the Armed Forces of the
United States as defined in ORS 366.931 or to be employed in law enforcement.
(3) At the time
of the plea, including while informing the defendant under subsection (2)(d) of
this section, the court may not inquire into the defendant’s immigration status
or require the defendant to disclose the defendant’s immigration status.
(4) After
informing the defendant under subsection (2)(d) of this section, upon the
defendant’s request, the court shall allow the defendant additional time to
consider the decision to enter a plea of guilty or no contest. [1973 c.836 §167;
1979 c.118 §1; 2001 c.635 §12; 2007 c.220 §1; 2019 c.384 §13; 2019 c.437 §1]
Notes of Decisions
Cited in
71
cases (
2 in the last 5 years), 1979–2022 · leading case:
Padilla v. Kentucky, 559 U.S. 356 (2010).
Padilla v. Kentucky, 559 U.S. 356 (2010).
· cites it 2× “Form 9–406 (2009); N. Y. Crim. Proc. Law Ann.”
State v. Evans, 617 P.2d 942 (Or. Ct. App. 1980).
· cites it 20× “[1] ORS 135.385 provides as follows: "(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of…”
Stelts v. State of Oregon, 701 P.2d 1047 (Or. 1985).
· cites it 8× “In his brief in the Court of Appeals and in his petition for review, the petitioner did not specifically rely on the text of either state or federal constitution, but cited ORS 135.385, which provides that a court shall not accept a plea of guilty without first determining that…”
State v. Evans, 625 P.2d 1300 (Or. 1981).
· cites it 6× “[1] The Court of Appeals held, by a divided court, that the trial court erred in failing to so inform the defendant; that such an error was one which could be considered by it on direct appeal; that the requirement of ORS 135.385 that the defendant be so informed is "clear and…”
State v. Evans, 625 P.2d 1300 (Or. 1981).
· cites it 6× “1 The Court of Appeals held, by a divided court, that the trial court erred in failing to so inform the defendant; that such an error was one which could be considered by it on direct appeal; that the requirement of ORS 135.385 that the defendant be so informed is "clear and…”
State v. King, 398 P.3d 336 (Or. 2017).
· cites it 2× “See ORS 135.385(1) (addressing trial court’s obligation to determine that the defendant understands the nature of the charge); ORS 135.”
Lyons v. Pearce, 694 P.2d 969 (Or. 1985).
· cites it 3× “” 7 ORS 135.385 was enacted in 1973, Oregon Laws 1973, chapter 836, section 167, and was modeled on ABA Standards § 1.”
People v. Pozo, 746 P.2d 523 (Colo. 1987).
· cites it 2× “[4] Six states have enacted statutes which require trial courts to inform alien defendants of possible deportation consequences of guilty pleas.”
State v. Harrell / Wilson, 297 P.3d 461 (Or. 2013).
· cites it 2× “What a defendant traditionally could not do was invoke the constitutional right to a trial while simultaneously waiving the guaranteed mode of trial -- that is, waive trial by jury and insist on a trial by a judge instead.”
— Or. Rev. Stat. § 135.385(1) — 10 cases
State v. King, 398 P.3d 336 (Or. 2017).
“See ORS 135.385(1) (addressing trial court’s obligation to determine that the defendant understands the nature of the charge); ORS 135.”
Lyons v. Pearce, 694 P.2d 969 (Or. 1985).
“” 7 ORS 135.385 was enacted in 1973, Oregon Laws 1973, chapter 836, section 167, and was modeled on ABA Standards § 1.”
— Or. Rev. Stat. § 135.385(2) — 17 cases
State v. King, 398 P.3d 336 (Or. 2017).
“See ORS 135.385(1) (addressing trial court’s obligation to determine that the defendant understands the nature of the charge); ORS 135.”
Lyons v. Pearce, 694 P.2d 969 (Or. 1985).
“” 7 ORS 135.385 was enacted in 1973, Oregon Laws 1973, chapter 836, section 167, and was modeled on ABA Standards § 1.”
State v. Evans, 617 P.2d 942 (Or. Ct. App. 1980).
“[1] ORS 135.385 provides as follows: "(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of…”
— Or. Rev. Stat. § 135.385(2)(a) — 1 case
— Or. Rev. Stat. § 135.385(2)(a)(A) — 2 cases
State v. Harrell / Wilson, 297 P.3d 461 (Or. 2013).
“What a defendant traditionally could not do was invoke the constitutional right to a trial while simultaneously waiving the guaranteed mode of trial -- that is, waive trial by jury and insist on a trial by a judge instead.”
— Or. Rev. Stat. § 135.385(2)(b) — 3 cases
— Or. Rev. Stat. § 135.385(2)(c) — 1 case
— Or. Rev. Stat. § 135.385(2)(d) — 17 cases
State v. Evans, 617 P.2d 942 (Or. Ct. App. 1980).
“[1] ORS 135.385 provides as follows: "(1) The court shall not accept a plea of guilty or no contest to a felony or other charge on which the defendant appears in person without first addressing the defendant personally and determining that the defendant understands the nature of…”
People v. Pozo, 746 P.2d 523 (Colo. 1987).
“[4] Six states have enacted statutes which require trial courts to inform alien defendants of possible deportation consequences of guilty pleas.”
State v. Evans, 625 P.2d 1300 (Or. 1981).
“[1] The Court of Appeals held, by a divided court, that the trial court erred in failing to so inform the defendant; that such an error was one which could be considered by it on direct appeal; that the requirement of ORS 135.385 that the defendant be so informed is "clear and…”
State v. Evans, 625 P.2d 1300 (Or. 1981).
“1 The Court of Appeals held, by a divided court, that the trial court erred in failing to so inform the defendant; that such an error was one which could be considered by it on direct appeal; that the requirement of ORS 135.385 that the defendant be so informed is "clear and…”
— Or. Rev. Stat. § 135.385(c) — 1 case
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