State v. Beck

A conviction under “criminally negligent homicide” encompasses the former crime of “negligent homicide” and cannot be set aside regardless of satisfaction of the other requirements for setting aside previous convictions.

Defendant appealed the trial court’s denial of his motion to set aside his conviction for negligent homicide. Defendant was convicted of negligent homicide in 1961. At that time, negligent homicide was punishable as a felony or misdemeanor. In 1969, the legislature repealed this statute and created the crime of criminally negligent homicide, which was intended to encompass the former negligent homicide. Beck filed to set aside his conviction under ORS 137.225 because he met the necessary requirements. The trial court denied setting Beck’s conviction aside because he did not meet either of the two exceptions, the traffic offenses exception or the criminally negligent homicide exception. Defendant argued that he met the exception for setting aside convictions because he was not convicted of “criminally negligent homicide” because such did not exist. The Court of Appeals held that the legislature intended the crime of “criminally negligent homicide” to encompass the crime of “negligent homicide” and the legislature did not want criminally negligent homicide set aside. Affirmed.