Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 135.395

Determining accuracy of plea

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      135.395 Determining accuracy of plea. After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. [1973 c.836 §169]

 

(Plea Discussions and Agreements)

Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1976–2025 · leading case: State v. Clevenger
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State v. Clevenger (1984) or · cites it 8× “2d 9 , may "consider" a claim that the judgment was entered in violation of ORS 135.395, which provides: "After accepting a plea of guilty or no contest the court shall not enter judgment without making such inquiry as may satisfy the court that there is a factual basis for the…”
State v. HEISSER (2009) orctapp · cites it 8× “The state contends, alternatively, that the trial court was authorized to set aside the guilty pleas under ORS 135.395. That statute provides that, "[a]fter accepting a plea of guilty * * *, the court shall not enter a judgment without making such inquiry as may satisfy the…”
State v. King (2017) or “390(1) *664 (addressing trial court’s obligation to determine that the plea is voluntarily and intelligently made); ORS 135.395 (addressing trial court’s obligation to ensure that there is a factual basis for the plea of guilty or no contest).”
State v. Ham (2019) orctapp · cites it 2× “Because each count may properly be construed to correspond to a sepa- rate victim in this case, and because defendant stipulated to the facts necessary to convict him of five separate counts of reckless endangerment, the court did not sentence defen- dant on an improper factual…”
State Farm Fire & Casualty Co. v. Sallak (1996) orctapp “” ORS 135.395. (Emphasis supplied.) There is no dispute that the multiple safeguards surrounding the entry of a guilty plea were satisfied in this case.”
State v. Taylor (1983) orctapp “The statute does not define the term “conviction.” In other contexts it has been noted that the term has at least two meanings: “ ‘In the states having no statutory definition and in the fourteen states that have enacted a general definition, the courts define “conviction” in…”
Simpson v. Burrows (2000) ord “(citing ORS 135.395). Similarly, in Anillo, the court stated that the plea must be knowingly and voluntarily made.”
State v. Justice (2015) orctapp “390(1); and “satisfy [itself] that there is a factual basis for the plea[,]” ORS 135.395. The state responds that those statutes govern circumstances in which a court might lack discretion to accept a plea, “[b]ut nothing in those or any other statutes defendant cites otherwise…”
United States ex rel. Willbright v. Smith (1982) nysd “11(e); Or.Rev.Stat. § 135.395 (1977); Tex.Crim.Proc.”
State v. Jackson (2022) orctapp “” ORS 135.395. The “ ‘factual basis for the plea’ refers to facts concerning the defendant’s guilt—i.”
State v. B. J. P. (2025) orctapp “’ ORS 135.395. The ‘”factual basis for the plea” refers to facts concerning the defendant’s guilt—i.”
Dockery v. Maass (1989) orctapp · cites it 3× “He filed a petition for post-conviction relief, alleging that the trial court had abridged his state and federal rights to due process and equal protection by failing to make the inquiry under ORS 135.395: “After accepting a plea of guilty or no contest, the court shall not…”
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