Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 135.390

Determining voluntariness of plea; nature of plea agreement

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      135.390 Determining voluntariness of plea; nature of plea agreement. (1) The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made.

      (2) The court shall determine whether the plea is the result of prior plea discussions and a plea agreement. If the plea is the result of a plea agreement, the court shall determine the nature of the agreement.

      (3) If the plea agreement includes an agreement that the district attorney will seek or not oppose dismissal of a charge in exchange for the defendant’s plea of guilty or no contest to another charge, the court may not accept the plea of guilty or no contest unless:

      (a) The agreement includes a written provision that indicates whether the court is required to reinstate charges that are dismissed pursuant to the agreement if the plea of guilty or no contest is withdrawn under ORS 135.365 or the judgment of conviction is subsequently reversed, vacated or set aside; and

      (b) If the agreement requires the court to reinstate charges under the circumstances described in paragraph (a) of this subsection, the defendant has provided the court with a written waiver of the statute of limitations and any statutory or constitutional speedy trial or double jeopardy rights, applicable to the dismissed charges.

      (4) If the district attorney has agreed to seek charge or sentence concessions which must be approved by the court, the court shall advise the defendant personally that the recommendations of the district attorney are not binding on the court.

      (5)(a) If the district attorney has provided a plea offer and agreed disposition recommendation to the defendant as provided in ORS 135.405 and the defendant is entering a guilty plea based on the plea offer and agreed disposition recommendation, the court shall determine whether the plea is voluntarily made. Except as otherwise provided in paragraph (b) of this subsection, if the court finds that the plea is voluntarily made, the court shall impose sentence as provided in the agreed disposition recommendation.

      (b) If the court determines that the agreed disposition recommendation is inappropriate in a particular case, the court shall so advise the parties and allow the defendant an opportunity to withdraw the plea. [1973 c.836 §168; 2001 c.635 §11; 2009 c.356 §1]

Notes of Decisions
Cited in 24 cases (10 in the last 5 years), 1980–2026 · leading case: State v. Craig
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State v. Craig (2024) orctapp · cites it 21× “390(5)(b) as requiring the court to ensure that the defendant is voluntarily proceeding with the plea notwithstanding the court’s decision not to impose the agreed-upon disposition.”
State v. Heisser (2011) or · cites it 8× “” 6 Both ORS 135.390 and ORS 135.432 were amended in 2009.”
State v. King (2017) or · cites it 2× “385(1) (addressing trial court’s obligation to determine that the defendant understands the nature of the charge); ORS 135.390(1) *664 (addressing trial court’s obligation to determine that the plea is voluntarily and intelligently made); ORS 135.”
State v. Walsh (2025) or · cites it 8× “” ORS 135.390(1); see also ORS 135.390(5)(a) (where there is a plea agreement, “the court shall determine whether the plea is voluntarily made”); Lyons v.”
State v. Colgrove (2022) or “at 479 (“A ‘judgment’ in a criminal case constitutes a judicial determination of guilt 3 See ORS 135.390(1) (“The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made.”
State v. HEISSER (2009) orctapp · cites it 4× “) Read in context with ORS 135.390 and ORS 135.432, the phrase "permit [the plea] to be withdrawn" governs the circumstance in which a defendant seeks to withdraw a previous plea of guilty or no contest; the statute does not provide any authority for the state, or the court on…”
State v. Meyrick (1992) or “380 provides that a defendant shall not be required to plead to an offense punishable by imprisonment until represented by counsel, unless the defendant “knowingly” waives the right to counsel.”
State v. Craig (2024) orctapp · cites it 21× “The state disagrees. It argues that the statute imposes a “passive” requirement, rather than an “affirmative” one, putting the onus on the defendant to raise the issue of plea withdrawal.”
State Farm Fire & Casualty Co. v. Sallak (1996) orctapp · cites it 2× “385, and established to a judge’s satisfaction that his plea was voluntarily and intelligently made, ORS 135.390. It is true that Sherburn did not participate in the criminal proceeding.”
State v. Tannehill (2006) or · cites it 2× “Finally, ORS 135.390(4)(b) permits a defendant to “withdraw the plea” if the parties have entered into an agreement with an “agreed disposition recommendation” but the trial court finds the agreed disposition recommendation inappropriate.”
State v. Peterson (1984) orctapp · cites it 2× “ORS 135.390. It must address the defendant personally and determine that he understands the nature of the charge, ORS 135.”
State v. Justice (2015) orctapp · cites it 3× “385(1); “determin[e] that the plea is voluntary and intelligently made[,]” ORS 135.390(1); and “satisfy [itself] that there is a factual basis for the plea[,]” ORS 135.”
Show all 24 citing cases →
— Or. Rev. Stat. § 135.390(1) — 12 cases
State v. King (2017) or “385(1) (addressing trial court’s obligation to determine that the defendant understands the nature of the charge); ORS 135.390(1) *664 (addressing trial court’s obligation to determine that the plea is voluntarily and intelligently made); ORS 135.”
State v. Colgrove (2022) or “at 479 (“A ‘judgment’ in a criminal case constitutes a judicial determination of guilt 3 See ORS 135.390(1) (“The court shall not accept a plea of guilty or no contest without first determining that the plea is voluntary and intelligently made.”
State v. Heisser (2011) or “” 6 Both ORS 135.390 and ORS 135.432 were amended in 2009.”
State v. Walsh (2025) or “” ORS 135.390(1); see also ORS 135.390(5)(a) (where there is a plea agreement, “the court shall determine whether the plea is voluntarily made”); Lyons v.”
State v. Craig (2024) orctapp “390(5)(b) as requiring the court to ensure that the defendant is voluntarily proceeding with the plea notwithstanding the court’s decision not to impose the agreed-upon disposition.”
— Or. Rev. Stat. § 135.390(2) — 3 cases
State v. Heisser (2011) or “” 6 Both ORS 135.390 and ORS 135.432 were amended in 2009.”
State v. Walsh (2025) or “” ORS 135.390(1); see also ORS 135.390(5)(a) (where there is a plea agreement, “the court shall determine whether the plea is voluntarily made”); Lyons v.”
State v. Walsh (2025) or
— Or. Rev. Stat. § 135.390(4) — 1 case
State v. Heisser (2011) or “” 6 Both ORS 135.390 and ORS 135.432 were amended in 2009.”
— Or. Rev. Stat. § 135.390(4)(a) — 2 cases
State v. Heisser (2011) or “” 6 Both ORS 135.390 and ORS 135.432 were amended in 2009.”
State v. Justice (2015) orctapp “385(1); “determin[e] that the plea is voluntary and intelligently made[,]” ORS 135.390(1); and “satisfy [itself] that there is a factual basis for the plea[,]” ORS 135.”
— Or. Rev. Stat. § 135.390(4)(b) — 4 cases
State v. Heisser (2011) or “” 6 Both ORS 135.390 and ORS 135.432 were amended in 2009.”
State v. Tannehill (2006) or “Finally, ORS 135.390(4)(b) permits a defendant to “withdraw the plea” if the parties have entered into an agreement with an “agreed disposition recommendation” but the trial court finds the agreed disposition recommendation inappropriate.”
State v. HEISSER (2009) orctapp “) Read in context with ORS 135.390 and ORS 135.432, the phrase "permit [the plea] to be withdrawn" governs the circumstance in which a defendant seeks to withdraw a previous plea of guilty or no contest; the statute does not provide any authority for the state, or the court on…”
State v. Justice (2015) orctapp “385(1); “determin[e] that the plea is voluntary and intelligently made[,]” ORS 135.390(1); and “satisfy [itself] that there is a factual basis for the plea[,]” ORS 135.”
— Or. Rev. Stat. § 135.390(5) — 7 cases
State v. Craig (2024) orctapp “390(5)(b) as requiring the court to ensure that the defendant is voluntarily proceeding with the plea notwithstanding the court’s decision not to impose the agreed-upon disposition.”
State v. Heisser (2011) or “” 6 Both ORS 135.390 and ORS 135.432 were amended in 2009.”
State v. Craig (2024) orctapp “The state disagrees. It argues that the statute imposes a “passive” requirement, rather than an “affirmative” one, putting the onus on the defendant to raise the issue of plea withdrawal.”
State v. Fowler (2026) orctapp
State v. Velasquez-Sanchez (2026) orctapp
— Or. Rev. Stat. § 135.390(5)(a) — 5 cases
State v. Walsh (2025) or “” ORS 135.390(1); see also ORS 135.390(5)(a) (where there is a plea agreement, “the court shall determine whether the plea is voluntarily made”); Lyons v.”
State v. Craig (2024) orctapp “390(5)(b) as requiring the court to ensure that the defendant is voluntarily proceeding with the plea notwithstanding the court’s decision not to impose the agreed-upon disposition.”
State v. Craig (2024) orctapp “The state disagrees. It argues that the statute imposes a “passive” requirement, rather than an “affirmative” one, putting the onus on the defendant to raise the issue of plea withdrawal.”
State v. Walsh (2025) or
State v. Velasquez-Sanchez (2026) orctapp
— Or. Rev. Stat. § 135.390(5)(b) — 8 cases
State v. Craig (2024) orctapp “390(5)(b) as requiring the court to ensure that the defendant is voluntarily proceeding with the plea notwithstanding the court’s decision not to impose the agreed-upon disposition.”
State v. Craig (2024) orctapp “The state disagrees. It argues that the statute imposes a “passive” requirement, rather than an “affirmative” one, putting the onus on the defendant to raise the issue of plea withdrawal.”
State v. Walsh (2025) or “” ORS 135.390(1); see also ORS 135.390(5)(a) (where there is a plea agreement, “the court shall determine whether the plea is voluntarily made”); Lyons v.”
State v. Fowler (2026) orctapp
State v. Velasquez-Sanchez (2026) orctapp
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