State v. Spivak

On March 14, 1988, a group of six children were shouting obscenities in front of defendant’s residence. Defendant pointed a revolver at the children to frighten them away. He was charged with six counts of violating ORS 166.190.1 A jury found him guilty on all counts. At sentencing, the court imposed three years of probation and certain firearm restrictions. Defendant appealed, and we affirmed without opinion. State v. Spivak, 103 Or App 486, 797 P2d 1082, rev den 311 Or 60 (1991).

After completing his sentence, defendant filed a motion to set aside a conviction pursuant to ORS 137.225.2 The…