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STATE v. HARTFORD

C030439CR; A131974.

161 P.3d 331 (2007)

213 Or. App. 331

STATE of Oregon, Plaintiff-Appellant, v. Tylo Dean HARTFORD, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Christina M. Hutchins, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and CARSON, Senior Judge.

WOLLHEIM, J.

Pursuant to ORS 137.225, the trial court granted defendant's motion to set aside the record of his arrest for burglary in the first degree, ORS 164.225. The state appeals, arguing that the trial court erred in setting aside defendant's arrest record because he had been convicted of another crime within the preceding 10 years and, therefore, ORS 137.225(6)(b) precluded the trial court's order. We agree and reverse.

The facts are undisputed. In...

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