STATE v. ROBERTS

200717429; A148465.

296 P.3d 603 (2013)

255 Or. App. 132

STATE of Oregon, Plaintiff-Appellant, v. Brandon Rex ROBERTS, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 6, 2013.


Attorney(s) appearing for the Case

Christina M. Hutchins , Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

George W. Kelly, Eugene , argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


NAKAMOTO, J.

This is a state's appeal from an order of a circuit court expunging defendant's conviction for unlawful delivery of marijuana, a misdemeanor. The state asserts that defendant was not entitled to have the conviction set aside because, within the 10-year period preceding his initiation of expunction, defendant had been convicted of a municipal violation (urinating in public). We agree with the state and reverse.

The facts are straightforward and...

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