State v. Romero

Defendant appeals an order denying his motion for DNA testing under ORS 138.692.1 He contends that the trial court erred in denying his motion for DNA testing for failure to present a prima facie case of actual innocence. We hold that, because defendant’s allegations were insufficient to make a prima facie showing of actual innocence, the trial court did not err in denying his motion for DNA testing. We therefore affirm.

In 1999, defendant was convicted of multiple sex crimes committed against the victim — his daughter — over a span of about 12 years. Three years after his conviction,…