State v. Bomar

Defendant appeals the trial court’s denial of his motion to set aside his conviction for the Class C felony of sexual abuse in the first degree.1 We reverse.

Defendant was convicted on February 10, 1982, and given a five-year probationary sentence after the greater sexual offense with which defendant was charged was dismissed as the result of a plea bargain. Defendant’s probation was terminated January 14,1985. On April 10,1985, he filed a motion to set aside his conviction under ORS 137.225. The trial court held a hearing on June 6,1985, approximately three years and four months after the…