State v. Soreng

Defendant appeals an order denying his motion to set aside his conviction for criminally negligent homicide. After examining ORS 137.225 (the statute providing for a conviction to be set aside) and considering the effect of a 2003 amendment to ORS 163.145 (the statute defining criminally negligent homicide), we conclude that the trial court erred. Accordingly, we reverse and remand.

The relevant facts are few and procedural. In 1990, defendant was convicted of criminally negligent homicide, ORS 163.145, when criminally negligent homicide was classified as a Class C felony. ORS 163.145(2)…