ORS 135.711¹
Facts constituting crime or subcategory of crime required

For any felony committed on or after November 1, 1989, the accusatory instrument shall allege facts sufficient to constitute a crime or a specific subcategory of a crime in the Crime Seriousness Scale established by the rules of the Oregon Criminal Justice Commission. [1989 c.790 §4]

Notes of Decisions

Sentence cannot be enhanced if circumstances defining specific con­duct with which defendant is charged are not alleged in of­fense charged; it is not sufficient that charging instru­ment as whole contains allega­tions as to pertinent subcategory factors. State v. Drake, 113 Or App 16, 832 P2d 44 (1992)

Where indict­ment properly alleges ele­ments of underlying of­fense, inclusion of alternative grounds for enhancing sen­tence does not create allega­tion of multiple of­fenses. State v. Merrill, 135 Or App 408, 899 P2d 712 (1995); State v. Wright, 150 Or App 159, 945 P2d 1083 (1997), Sup Ct review denied

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