2017 ORS 135.335¹
Pleading by defendant
  • conditional pleas

(1) The kinds of plea to an indictment, information or complaint, or each count thereof, are:

(a) Guilty.

(b) Not guilty.

(c) No contest.

(2) A defendant may plead no contest only with the consent of the court. Such a plea shall be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.

(3) With the consent of the court and the state, a defendant may enter a conditional plea of guilty or no contest reserving, in writing, the right, on appeal from the judgment, to a review of an adverse determination of any specified pretrial motion. A defendant who finally prevails on appeal may withdraw the plea. [1973 c.836 §159; 1999 c.134 §1]

See also annota­tions under ORS 135.820 in permanent edi­tion.

Notes of Decisions

Harmless error analysis is inappropriate where defendant has entered condi­tional plea. State v. Dinsmore, 182 Or App 505, 49 P3d 830 (2002)

Withdrawal of plea following successful ap­peal does not authorize court to reinstate charges dismissed as part of plea agree­ment. State v. Dinsmore, 200 Or App 432, 116 P3d 226 (2005), aff’d 342 Or 1, 147 P3d 1146 (2006)

Because condi­tional plea might embody interrelated concessions, defendant may withdraw entire plea where premise underlying one part of plea is found not to be valid. State v. Tannehill, 341 Or 205, 141 P3d 584 (2006)

Completed Cita­tions

State v. Miller, 5 Or App 501, 484 P2d 1132 (1971), Sup Ct review denied

Law Review Cita­tions

11 WLJ 181, 182 (1975)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.