2007 ORS § 136.765¹
Notice to defendant
In order to rely on an enhancement fact to increase the sentence that may be imposed in a criminal proceeding, the state shall notify the defendant of its intention to rely on the enhancement fact by:
(1) Pleading the enhancement fact in the accusatory instrument; or
(2) Within a reasonable time after filing the accusatory instrument, providing written notice to the defendant of the enhancement fact and the state’s intention to rely on it. [2005 c.463 §2]
Note: 136.765 (Notice to defendant) to 136.785 (Burden of proof) were enacted into law by the Legislative Assembly but were 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.