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STATE v. THOMPSON

530 P.2d 532 (1975)

STATE of Oregon, Respondent, v. Cecil Eugene THOMPSON, Jr., Appellant.

Court of Appeals of Oregon.

Decided January 14, 1975.

Attorney(s) appearing for the Case

Stuart O. Kendall, Lake Oswego, argued the cause for appellant. With him on the brief was Kenneth M. Gerstein, Lake Oswego.

Rhidian M.M. Morgan, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, Judges.

LANGTRY, Judge.

Defendant appeals from denial of his motion to expunge the record of his felony conviction in 1959. The crime was burglary not in a dwelling, under then existing ORS 164.240, which has since been repealed and replaced by provisions in the criminal code of 1971. The motion sought to invoke the circuit court's authority under ORS 137.225, which, in pertinent part, provides:

"(1) Every defendant convicted of a Class C felony * * * or a crime...

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