State v. Bierstock

Defendant appeals, challenging the denial of her motion pursuant to ORS 137.225 to set aside her 1980 conviction for misdemeanor assault in the fourth degree. ORS 163.160.1 She contends that the trial court erred in determining that she was not entitled to such relief because she had multiple prior convictions, notwithstanding that she had not been convicted of any crime within the 10-year period preceding the filing of her motion. We agree with defendant that the trial court so erred. Accordingly, we reverse and remand for further proceedings.

The material facts are undisputed for purposes of…