2017 ORS 137.030¹
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

A substantive change in the sen­tence must be accomplished in defendant’s presence or it may be invalidated. State v. Blake, 7 Or App 307, 490 P2d 1026 (1971)

A modifica­tion of a judg­ment providing that sen­tences would be served consecutively, rather than concurrently is a substantive change in the sen­tence. State v. Blake, 7 Or App 307, 490 P2d 1026 (1971)

Where court imposes written sen­tence that is more severe than oral proposed sen­tence, state­ment of proposed sen­tence in presence of defendant does not satisfy require­ment that defendant be present when sen­tenced. State v. Jacobs, 200 Or App 665, 117 P3d 290 (2005)

Modifica­tion that acts only to make otherwise legally incorrect sen­tence comply with mandatory sen­ten­cing law is administrative change that does not involve right of participa­tion by defendant. State v. Rickard, 225 Or App 488, 201 P3d 927 (2009)

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors137.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano137.­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.