Oregon Statutes 136.790 – Notice to defendant upon remand
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In order to rely on an enhancement fact, as defined in ORS § 136.760, to increase the sentence that may be imposed upon remand of a case described in section 21 (3), chapter 463, Oregon Laws 2005, the state, within a reasonable time before resentencing, shall notify the defendant of its intention to rely on the enhancement fact by providing written notice to the defendant of the enhancement fact and the state’s intention to rely on it. [2005 c.463 § 22]
Terms Used In Oregon Statutes 136.790
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
136.790 was enacted into law by the Legislative Assembly but was 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.