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STATE v. BURKE

86-1797-C-2, 86-1798-C-2; CA A63692.

818 P.2d 511 (1991)

109 Or.App. 7

STATE of Oregon, Appellant, v. John Clair BURKE, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted April 3, 1991.

Decided September 25, 1991.

Reconsideration Denied December 11, 1991.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Sally L. Avera, Public Defender, Salem.

Taken In Banc and Resubmitted April 3, 1991.

ROSSMAN, Judge.

The state appeals an order that set aside defendant's conviction, pursuant to ORS 137.225. The issue is whether a conviction for child abuse can be "expunged"1 from one's criminal record after the effective date of a statutory amendment that expressly prevents convictions for that offense from being set aside. We hold that it cannot, and reverse.

In September...

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