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Oregon Revised Statutes

Or. Rev. Stat. § 136.790 (2026)

Notice to defendant upon remand

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      136.790 Notice to defendant upon remand. In order to rely on an enhancement fact, as defined in ORS 136.760, to increase the sentence that may be imposed upon remand of a case described in section 21 (3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state’s intention to rely on it. [2005 c.463 §22]

 

      Note: 136.790 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2009–2026 · leading case: State v. Roberts, 219 P.3d 41 (Or. Ct. App. 2009).
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State v. Roberts, 219 P.3d 41 (Or. Ct. App. 2009). · cites it 2× “ate to provide notice “[w]ithin a reasonable time after filing the accusatory instrument” (when the enhancement fact has not been pleaded in the accusatory instrument), when a case returns to a trial court on remand from an appellate court, if the state wishes to rely on an…”
State v. Lafferty, 247 P.3d 1266 (Or. Ct. App. 2011). · cites it 2× “” ORS 136.790 and ORS 136.792 pertain to the trial of sentencing enhancement issues after remand.”
State v. Evans, 242 P.3d 738 (Or. Ct. App. 2010). · cites it 2× “Before defendant’s resentencing trial on remand, the state notified defendant of its intent to rely on certain enhancement facts in seeking an upward departure sentence, as required by ORS 136.790. 1 The state did not file that notice with the court.”
State v. Bement, 350 Or. App. 198 (Or. Ct. App. 2026). “See ORS 136.790 (the state shall notify the defendant of its intention to rely on an enhancement fact “within a reason- able time before resentencing” when the sentence may be Cite as 350 Or App 198 (2026) 211 imposed upon remand as described in Or Laws 2005, ch 463, § 21(3)).”
State v. Lafferty, 247 P.3d 1266 (Or. Ct. App. 2011). · cites it 2× “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…”
State v. Evans, 242 P.3d 738 (Or. Ct. App. 2010). · cites it 2× “005," in which defendant argued that the state's notice was essentially "a written accusation," as defined in ORS 131.”
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