State v. Beck

Defendant appeals the trial court’s denial of his motion to set aside his record of conviction for negligent homicide under former ORS 163.091 (1957), repealed by Or Laws 1971, ch 743, § 432.1 For the reasons explained below, we conclude that ORS 135.225(7) — which provides that convictions for criminally negligent homicide as defined by ORS 163.145 cannot be set aside — also applies to convictions, like defendant’s, for negligent homicide under former ORS 163.091. Therefore, the trial court correctly denied defendant’s motion to set aside his conviction, and we affirm.

In 1961, defendant was…