State v. Blankenship

Defendant appeals from an order denying his motion to set aside his conviction for sexual abuse in the first degree. We affirm.

In 1987, defendant was convicted of first degree sexual abuse of a five-year-old child, which at that time was a class C felony.1 When defendant was convicted, ORS 137.225 permitted defendants to have convictions for class C felonies set aside after three years if they met certain requirements.2

In 1989, the legislature amended ORS 137.225 to exclude convictions for a number of crimes that would constitute child abuse, including sexual abuse in the first degree. Or…