Oregon Statutes 419C.361 – Disposition of nonwaivable consolidated charges and lesser included offenses
(1)(a) Notwithstanding that the juvenile court has waived the case under ORS § 419C.349, 419C.352, 419C.364 or 419C.370, the court of waiver shall return the case to the juvenile court unless an accusatory instrument is filed in the court of waiver alleging, in the case of a person under 15 years of age, a crime listed in ORS § 419C.352 or, in the case of any other person, a crime described in ORS § 419C.349 (1).
Terms Used In Oregon Statutes 419C.361
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) When a trial has been held in the court of waiver upon an accusatory instrument alleging a crime listed in ORS § 419C.349 (1)(b) or 419C.352, as the case may be, and the person is found guilty of any lesser included offense that is not itself a waivable offense, the trial court shall not sentence the defendant therein, but the trial court shall order a presentence report to be made in the case, shall set forth in a memorandum such observations as the court may make regarding the case and shall then return the case to the juvenile court in order that the juvenile court make disposition in the case based upon the guilty finding in the court of waiver. Disposition shall be as if the juvenile court itself had found the youth to be in its jurisdiction pursuant to ORS § 419C.005. The records and consequences of the case shall, in all respects, be as if the juvenile court itself had found the youth to be in its jurisdiction pursuant to ORS § 419C.005. When the person is found guilty of a nonwaivable charge that was consolidated with a waivable charge under ORS § 419C.358, the case shall be returned to the juvenile court for disposition as provided in this subsection for lesser included offenses.
(2) Nothing in this section or ORS § 419C.358 applies to a waiver under ORS § 419C.364 or 419C.370. [1993 c.33 § 217; 1993 c.546 § 83; 2019 c.634 § 20]