State v. Kindred

Behavior means some legal conformity with the public law and cannot include social conformity. State v. Langan, 301 Or 1, 718 P2d 719 (1986).

Defendant appealed the denial to set aside a conviction for coercion from 2004. Defendant argued that the trial court erred in denying his motion for outstanding fees and fines in an unrelated case. Accordingly, the court looked at whether Defendant’s conviction was able to be set aside under ORS 137.225. The court applied its precedent from State v. Langan, 301 Or 1, 718 P2d 719 (1986), which states that behavior means some legal conformity with the public law and cannot include social conformity. The State conceded that the outstanding fines did not qualify as legal nonconformity, but instead asserted that Langan only addressed “behavior” and not “circumstances.” The Court held that regardless of which word the trial court relied upon, the basis for denying the motion was contrary to the holding in Langan and was erroneous. The court then addressed the alternative argument that the trial court could have relied on Defendant’s vacated public transit fare violations as a basis for denying the motion. The Court held, first, that the convictions were vacated, which means “nullified” under Oregon law. Second, the court found no textual basis for asserting vacated convictions under ORS 137.225. Reversed and Remanded.