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STATE v. BRANAM

109610735B; A131525.

185 P.3d 557 (2008)

220 Or. App. 255

STATE of Oregon, Plaintiff-Respondent, v. Kirk William BRANAM, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 28, 2008.

Attorney(s) appearing for the Case

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

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and ORTEGA, Judge.

LANDAU, P.J.

Defendant sought an order setting aside the record of his arrest and conviction for the offense of possession of a controlled substance. ORS 137.225. The trial court denied the motion, and defendant appeals. We reverse and remand.

The relevant facts are undisputed. In 1997, defendant pleaded guilty to a Class C felony charge of possession of a controlled substance. On August 6, 1997, the trial court sentenced him to 18 months' probation, ordered...

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