Oregon Revised Statutes
Or. Rev. Stat. § 135.711 (2026)
Facts constituting crime or subcategory of crime required
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135.711 Facts constituting crime or subcategory of crime required. For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime Seriousness Scale established by the rules of the Oregon Criminal Justice Commission. [1989 c.790 §4]
Notes of Decisions
Cited in 24
cases, 1991–2016 · leading case: State v. Ferrell, 843 P.2d 939 (Or. 1992).
State v. Ferrell, 843 P.2d 939 (Or. 1992). “ORS 135.711. 8 Thus, the absence of an offense-subcategory allegation as is found here in an indictment or, similarly, a defect in such an allegation, does not affect the sufficiency of the remaining allegations in the indictment.”
State v. Merrill, 899 P.2d 712 (Or. Ct. App. 1995). “Defendants are correct that each offense in an indictment must be alleged in a separate count or the indictment is subject to a demurrer. ORS 132.550; ORS 135.630. It is also true that if the state seeks to rely on an offense-subcategory fact to elevate the charged offense on…”
State v. Moeller, 806 P.2d 130 (Or. Ct. App. 1991). “The state next argues that, although the “scheme or network” allegation is required by ORS 135.711 to be set forth in the indictment, it is merely a sentencing factor to be decided by the court, rather than an element of an offense to be submitted to the fact finder.”
State v. Ripka, 827 P.2d 189 (Or. Ct. App. 1992). “He contends that that is in violation of ORS 135.711: “For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime *473 Seriousness Scale established by the…”
State v. Crain, 33 P.3d 1050 (Or. Ct. App. 2001). “630(4); ORS 135.711. Thus, contrary to defendant’s assertion, this case is not like Guzman .”
State v. Flores, 313 P.3d 378 (Or. Ct. App. 2013). “Merrill and Wright applied ORS 135.711, which requires an accusatory instrument to allege facts sufficient to constitute a subcategory of a crime in the crime seriousness scale promulgated by administrative rule.”
State v. Unger, 368 P.3d 37 (Or. Ct. App. 2016). “900(l)(b), and Count 4 alleged that defendant’s manufacture of cocaine involved a “substantial quantity” of the drug, ORS 475.”
State v. Hill, 373 P.3d 162 (Or. Ct. App. 2016). “, ORS 135.711 (requiring the pleading of crime seriousness facts); ORS 135.”
State v. Drake, 832 P.2d 44 (Or. Ct. App. 1992). “ORS 135.711 provides: “For any felony committed on or after November 1,1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime *19 Seriousness Scale established by the rules of the State Sentencing…”
State v. Lark, 833 P.2d 1286 (Or. Ct. App. 1992). “ORS 135.711. 2 *463 The guidelines rules do not show that the legislature intended to create new crimes when it approved the subcategories: “APPENDIX 3 “OFFENSE SUBCATEGORIES “The offenses in this appendix have been divided into different subcategories for the Crime Seriousness…”
State v. Casavan, 912 P.2d 946 (Or. Ct. App. 1996). “It is ranked at category 8 if the offender did not cause or threaten physical injury to the victim and did not possess a deadly weapon but “the offense was committed in an occupied dwelling.”
State v. Coven, 839 P.2d 261 (Or. Ct. App. 1992). “Accordingly, we are not precluded from considering allegations of subcategory factors as surplusage simply because ORS 135.711 requires the state to plead those allegations in the indictment.”
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