State v. Johnson

In 1993, defendant in this consolidated case entered a plea agreement pursuant to which he pleaded no contest to two counts of murder. Based on his plea, he was convicted on those counts and sentenced to concurrent life sentences. Then, in 2007, defendant filed a motion requesting DNA testing pursuant to ORS 138.690. The trial court entered an order denying the motion, concluding that the terms of the plea agreement barred defendant from “seeking new evidence through DNA testing under ORS 138.690.” Defendant appeals, asserting that the terms of the plea agreement do not prevent him from…