State v. J. N. L.

Defendant appeals a trial court order denying his motion to set aside a conviction under ORS 137.225. The trial court denied the motion because defendant had previously been convicted of an offense in Washington state. Defendant asserts that the conduct underlying the Washington conviction occurred before the conviction that he seeks to set aside and therefore did not preclude relief under ORS 137.225. We agree with defendant and, therefore, reverse and remand.

Defendant was charged in Washington County Circuit Court with possession and delivery of marijuana in June 2006. Around the same time,…