STATE v. MILLS

85-446; CA A50596.

775 P.2d 328 (1989)

97 Or.App. 52

STATE of Oregon, Respondent, v. Thomas Edward MILLS, IV, Appellant.

Court of Appeals of Oregon.

Decided June 14, 1989.


Attorney(s) appearing for the Case

Bill Sharp, Eugene, argued the cause for appellant. With him on the brief was Morrow, Monks & Sharp, P.C., Eugene.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Defendant appeals an order setting aside a previous order that set aside his conviction. Defendant had been convicted in 1985; imposition of sentence was suspended and he was put on probation for 5 years. In August, 1988, defendant moved to have the conviction set aside, pursuant to ORS 137.225(1)(a). On September 20, 1988, the trial court granted the motion. Subsequently, the state discovered that defendant had not completed the sentence...

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