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Oregon Revised Statutes

Or. Rev. Stat. § 137.030 (2026)

Presence of defendant at pronouncement of judgment

✓ current as of May 2026
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      137.030 Presence of defendant at pronouncement of judgment. For the purpose of giving judgment, if the conviction is for:

      (1) A felony, the defendant shall be personally present.

      (2) A misdemeanor, judgment may be given in the absence of the defendant. [Amended by 1993 c.581 §1; 1997 c.827 §1; 2005 c.566 §9]

Notes of Decisions
Cited in 31 cases (6 in the last 5 years), 1974–2024 · leading case: State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023).
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State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023). · cites it 2× “However, because reference to a “DV package” at sen- tencing did not establish that all parties had the same understanding of what it included, the shorthand phrase was insufficient to meet the requirements of ORS 137.030(1), which requires a sentence to be announced in open…”
State v. Lobue, 453 P.3d 929 (Or. Ct. App. 2019). · cites it 4× “040 amended by Or Laws 1973, ch 836, § 225 (requiring defendant to personally appear for felony trials); see also ORS 137.030 (1953) amended by Or Laws 1993, ch 581, § 1; Or Laws 1997, ch 827, § 1; Or Laws 2005, ch 566, § 9 (requiring defendant to personally appear at judgment…”
State v. Jacobs, 117 P.3d 290 (Or. Ct. App. 2005). · cites it 3× “As noted above, ORS 137.030 provides that a defendant who is convicted of a felony must be present when judgment is given.”
State v. Dennis, 464 P.3d 518 (Or. Ct. App. 2020). · cites it 2× “Jacobs, 200 Or App 665, 671 , 117 P3d 290 (2005) (identifying the statutory source as ORS 137.030 and the constitutional sources as Article I, section 11, of the Oregon Constitution, and the Fourteenth Amendment to the United States Constitution).”
State v. Gibson, 51 P.3d 619 (Or. Ct. App. 2002). · cites it 4× “ORS 137.030 provides, in part: “(1) For the purpose of giving judgment, if the conviction is for a felony, the defendant shall be personally present; but if it is for a misdemeanor, judgment may be given in the absence of the defendant.”
State v. Hillman, 426 P.3d 249 (Or. Ct. App. 2018). “3d 290 (2005) ("[T]he right conferred on a defendant by [ ORS 137.030(1) ] includes the right to have his sentence pronounced in open court.”
State v. Rickard, 201 P.3d 927 (Or. Ct. App. 2009). · cites it 2× “Defendant argues that the amended judgment was unlawful because it was allowed outside of his presence, contrary to his rights under ORS 137.030 and Article I, section 11, of the Oregon Constitution.”
State v. DeCamp, 973 P.2d 922 (Or. Ct. App. 1999). “State of Oregon, 30 Or App 1075, 1079 , 569 P2d 640 (1977); ORS 137.030. See also DeAngelo v. Schiedler, 306 Or 91, 94 , 757 P2d 1355 (1988) (Oregon Constitution secures a defendant’s right to be heard at sentencing).”
State v. Sanchez, 981 P.2d 361 (Or. Ct. App. 1999). · cites it 2× “" ORS 137.030. For purposes of assisting the court in determining the proper sentence, the court relies on a previously-prepared presentence report.”
State v. Brooks, 396 P.3d 302 (Or. Ct. App. 2017). · cites it 2× “Defendant asserts, and the state concedes, that the trial court erred in imposing the county assessments because it did not impose them in open court; its first reference to them was in the written judgment.”
State v. Riley, 97 P.3d 1269 (Or. Ct. App. 2004). “The *384 assignments encompass two components: defendant’s right to be present when a court effects a sentence modification and his right to notice before that modification occurs.”
State v. Kennedy, 103 P.3d 660 (Or. Ct. App. 2004). · cites it 4× “According to defendant, the right to be present at sentencing is guaranteed both by ORS 137.030 and by Article I, section II, of the Oregon Constitution.”
Show all 31 citing cases →
— Or. Rev. Stat. § 137.030(1) — 15 cases
State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023). “However, because reference to a “DV package” at sen- tencing did not establish that all parties had the same understanding of what it included, the shorthand phrase was insufficient to meet the requirements of ORS 137.030(1), which requires a sentence to be announced in open…”
State v. Jacobs, 117 P.3d 290 (Or. Ct. App. 2005). “As noted above, ORS 137.030 provides that a defendant who is convicted of a felony must be present when judgment is given.”
State v. Hillman, 426 P.3d 249 (Or. Ct. App. 2018). “3d 290 (2005) ("[T]he right conferred on a defendant by [ ORS 137.030(1) ] includes the right to have his sentence pronounced in open court.”
State v. Riley, 97 P.3d 1269 (Or. Ct. App. 2004). “The *384 assignments encompass two components: defendant’s right to be present when a court effects a sentence modification and his right to notice before that modification occurs.”
State v. Link, 317 P.3d 298 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 137.030(2) — 1 case
State v. Fryer, 435 P.3d 824 (Or. Ct. App. 2019).
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