OAR 213-004-0013: Proof of Criminal History

(1) The offender’s criminal history shall be admitted in open court by the offender or determined by a preponderance of the evidence at the sentencing hearing by the sentencing judge. (2) Except to the extent disputed in accordance with section (3) of this rule, the summary of the offender’s criminal history prepared for the court by the state shall satisfy the state’s burden of proof as to an offender’s criminal history. (3) Upon receipt of the criminal history summary prepared for the court by the district attorney, the offender shall immediately notify the district attorney and the court with written notice of any error in the proposed criminal history summary. Except to the extent any disputed part is thereafter changed by agreement of the district attorney and the defendant with the approval of the sentencing judge, the state shall have the burden of producing further evidence to satisfy its burden of proof as to any disputed part or parts of the criminal history and the sentencing judge shall allow the state reasonable time to produce such evidence to establish the disputed portion of the criminal history by a preponderance of the evidence.