ORS 135.395¹
Determining accuracy of plea

After accepting a plea of guilty or no contest, the court shall not enter a judgment without making such inquiry as may satisfy the court that there is a factual basis for the plea. [1973 c.836 §169]

Notes of Decisions

Trial court’s failure to comply with this sec­tion did not constitute basis for post-con­vic­­tion relief under ORS 138.530 (When relief must be granted). Dockery v. Maass, 99 Or App 219, 781 P2d 1230 (1989), Sup Ct review denied

“Factual basis for the plea” refers to facts re­gard­ing whether defendant committed crime to which defendant pleads, not facts re­gard­ing plea process. State v. Heisser, 232 Or App 320, 222 P3d 719 (2009), aff’d 350 Or 12, 249 P3d 113 (2011)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information