State v. Sylva

“A defendant is the movant in seeking to have [their] conviction set aside under ORS 137.225, and it is [their] burden to show that [they meet] the criteria of that statute.” State v. Langan, 301 Or 1, 5, 718 P2d 719 (1986).

Defendant appealed an order that denied her motion to set aside a conviction for first-degree mistreatment. The trial court denied the motion on the basis that Defendant’s conviction was not eligible to be set aside under ORS 137.225(6)(b), which precludes the setting aside of convictions that constitute child abuse under ORS 419B.005. On appeal, Defendant argued that the trial court erroneously categorized her offense as child abuse under the statute. The State responded that Defendant had already admitted that she withheld necessary and adequate care for her victim; the definition of child abuse under ORS 419B.500. “A defendant is the movant in seeking to have [their] conviction set aside under ORS 137.225, and it is [their] burden to show that [they meet] the criteria of that statute.” State v. Langan, 301 Or 1, 5, 718 P2d 719 (1986). The Court held that Defendant had relied only on her indictment, plea, and judgment of conviction when she contended that the trial court erroneously categorized her offense as child abuse. Further, the Court reasoned that Defendant bore the burden of proof to show that her offense was eligible to be set aside, and that Defendant failed to meet that burden. Affirmed.