Oregon Statutes 136.792 – Jury upon remand
(1) For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing for which a new sentence has not been imposed prior to July 7, 2005, the court may impanel a new jury to determine the enhancement facts as defined in ORS § 136.760. Laws relating to impaneling a jury for a criminal trial apply to impaneling a jury under this section.
Terms Used In Oregon Statutes 136.792
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) ORS § 136.785 (3) does not apply to a case in which the court has impaneled a new jury under this section. In a case with a jury impaneled under this section, an enhancement fact is not proven unless the number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime. [2005 c.463 § 23]
136.792 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.
[Amended by 1973 c.836 § 250; renumbered 136.500]
[Renumbered 136.505]
[Amended by 1973 c.836 § 251; renumbered 136.515]
[Amended by 1973 c.836 § 252; renumbered 136.525]
[Repealed by 1971 c.565 § 17 (136.851 enacted in lieu of 136.850)]
[1971 c.565 § 18 (136.851 enacted in lieu of 136.850); 1973 c.836 § 253; renumbered 136.535]