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Oregon Revised Statutes

Or. Rev. Stat. § 135.445 (2026)

Withdrawn plea or statement not admissible

✓ current as of May 2026
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      135.445 Withdrawn plea or statement not admissible. (1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding.

      (2) No statement or admission made by a defendant or the attorney of the defendant during any proceeding relating to a plea of guilty or no contest which is not accepted or has been withdrawn shall be received against the defendant in any criminal proceeding. [1973 c.836 §175]

 

      135.450 [Renumbered 135.325]

 

(Related Procedure)

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1985–2022 · leading case: State v. Edgmand, 761 P.2d 505 (Or. 1988).
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State v. Edgmand, 761 P.2d 505 (Or. 1988). · cites it 6× “*510 The function of ORS 135.445 is to avoid such delays by letting everyone know ahead of time precisely what is going to be claimed, should defendant elect to take the stand.”
State v. Smith, 872 P.2d 966 (Or. 1994). · cites it 2× “" Similarly, ORS 135.445 and OEC 410 restrict the admission of evidence concerning guilty pleas that are not accepted or are withdrawn.”
State v. Ralston, 520 P.3d 866 (Or. 2022). · cites it 2× “, Tiner, 340 Or at 555 (“defen- dant must show that the delay caused a reasonable possibil- ity of prejudice to the ability of the defendant to prepare a 5 We also observe that both OEC 410 and ORS 135.445 preclude the court from using defendant’s attempt to plead guilty against…”
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.”
State v. Edblom, 303 P.3d 1001 (Or. Ct. App. 2013). “Thomas, 53 Or App 375, 382 , 631 P2d 1387 (1981) (failure to comply with five-day notice requirement for certain alibi evidence under ORS 135.445 mandates exclusion of such evidence).”
State v. Gardner, 693 P.2d 1303 (Or. Ct. App. 1985). “The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings.”
State v. Farley, 714 P.2d 1079 (Or. Ct. App. 1986). “The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings.”
State v. Dane, 797 P.2d 1069 (Or. Ct. App. 1990). “The provisions of ORS 135.445 apply to such a vacated plea or resulting judgment and any statements made in relation to those proceedings.”
State v. Paniagua-Montes, 330 P.3d 1250 (Or. Ct. App. 2014). “445 as follows: Alibi evidence means evidence that a defendant was at a particular place other than the place of the alleged offense at the time of the alleged offense; if it is offered by a witness who is not the defendant, proper notice must be provided, and if proper notice…”
State v. Hubbard, 833 P.2d 1313 (Or. Ct. App. 1992). · cites it 2× “ORS 135.445 provides: “(1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding.”
— Or. Rev. Stat. § 135.445(2) — 1 case
State v. Hubbard, 833 P.2d 1313 (Or. Ct. App. 1992). “ORS 135.445 provides: “(1) A plea of guilty or no contest which is not accepted or has been withdrawn shall not be received against the defendant in any criminal proceeding.”
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