Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 136.776

Effect of waiver of right to jury trial

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      136.776 Effect of waiver of right to jury trial. When a defendant waives the right to a jury trial on the issue of guilt or innocence, the waiver constitutes a written waiver of the right to a jury trial on all enhancement facts whether related to the offense or the defendant. [2005 c.463 §5]

 

      Note: See note under 136.765.

Notes of Decisions
Cited in 5 cases, 2008–2011 · leading case: State v. Lafferty
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State v. Lafferty (2011) orctapp · cites it 19× “792), it had provided sufficient *569 notice to defendant that it intended to rely on his juvenile adjudication as an “enhancement fact,” and that, under ORS 136.776, when a defendant waives his right to a jury trial on guilt or innocence, he or she also waives the right to a…”
State v. Meade (2008) orctapp · cites it 2× “Indeed, the totality of the Supreme Court’s discussion in Heilman shows that, before the enactment of ORS 136.776, see 221 Or App at 553 n 4, if a defendant who had been convicted following a bench trial made a cogent request for a jury to determine sentence-related facts, that…”
State v. HOLLINGQUEST (2011) orctapp “Alternatively, under ORS 136.776, a written waiver of jury trial on the issue of guilt constitutes a waiver of the right to jury trial on enhancement facts; that circumstance may arise when a case is remanded for both retrial and resentencing.”
State v. Lafferty (2011) orctapp · cites it 19× “792), it had provided sufficient notice to defendant that it intended to rely on his juvenile adjudication as an "enhancement fact," and that, under ORS 136.776, when a defendant waives his right to a jury trial on guilt or innocence, he or she also waives the right to a jury…”
State v. Hylton (2009) orctapp “Alternatively, under ORS 136.776, a written waiver of jury trial on the issue of guilt constitutes a waiver of the right to jury trial on enhancement facts; that circumstance may arise when a case is remanded for both retrial and resentencing.”
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