Taking Retroactive Advantage of the Noe Decision

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by: Ryan • May 3, 2011 • no comments

If you're an attorney, and you've had a past client who was convicted of both UUV and PSV from the same criminal episode, you can go back and ask the trial court to merge those convictions retroactively, [/Merger-criminal-history-and-138083-motions by using an ORS 138.083 motion]. If you have a current client who is looking at a Repeat Property Offender sentence, see if any of his priors can be eliminated through merger, depriving the state of essential REPO predicates.

If you are a former defendant who has been convicted of both UUV and PSV from one criminal episode, and the counts were not merged into a single conviction, talk to a criminal defense lawyer about filing a 138.083 motion on your behalf. The advantages can be significant, especially if it has the effect of speeding up your eligibility for expungement. Before you write a check, however, ask the attorney if they've ever filed a 138.083 motion before.