Or. Rev. Stat. § 136.780
Evidence
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136.780 Evidence. All evidence received during the trial phase of a criminal proceeding may be considered by the jury or, if the defendant waives the right to a jury trial, by the court during the sentencing phase of the proceeding. [2005 c.463 §6]
Note: See note under 136.765.
Notes of Decisions
Cited in 2
cases, 2011–2011 · leading case: State v. Lafferty
State v. Lafferty (2011)
“” *574 ORS 136.780 pertains to evidence of sentencing enhancement facts.”
State v. Lafferty (2011)
“776, which is central to the state's argument in this case, provides: "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…”
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