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IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR BAKER COUNTY THE STATE OF OREGON, Plaintiff,
VS.

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Case No, 09-725 DEFENDANT'S MOTION TO SET ASIDE RECORD OF ARREST

) BRIAN DAVID COLE, ) ) Defendant.)

Defendant, by and through his attorney, J. Robert Moon, Jr., respectfully moves the

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Court for an order setting aside the record of-arrest in the above-eaptioned matter for Sex Abuse

in the Third Degree and Providing Liquor to a Person under 21 on or about March 10,2010, on
the grounds that the charges were dismissed on December 2. 201 O. and, pursuant to
ORS 137.225(1)(b), defendant is entitled to relief. This motion is supported by the Affidavits of Defendant and Counsel attached hereto and

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by this reference incorporated herein.

A copy of this Motion and a full set of Defendant's fmgerprints are being served on the

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Baker County District Attorney. and said prosecuting attorney is requested to fOlWard the same to the Department of State Police and Bureau of Criminal Identification, along with a request for infonnation resulting from said fmgerprint search; said prosecuting attorney is further requested to present to the Co~ upon receiving the information, the results thereof.
J. Robert Moon, Jr. Anomey al Law, P.C.
1201 Dewey Avenue

PAGE -1- DEFENDANT'S MOTION TO SET ASIDE RECORD OF ARREST

PO Box 469 BakerCily, OR 97314 541-523-6294 bob@irobertmoonjr.com

Defendant further moves the Court for a hearing date, if so requested by the prosecuting 2
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attorney. immediately upon receipt of the information derived from said fmgerprint search. DATED this --l'1..- day of October, 2011.

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1. ROBERT MOON, JR.

OSB #813226 Attorney for Defendant

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J. Robert Moon, Jr.

PAGE -2- DEFENDANT'S MOTION TO SET ASIDE RECORD OF ARREST

Anomey al Law, P.C. 1207 Dewey Avenue PO Box 469 Baker City, OR 97814 541523-6294 bob@jrobenmoonjr,com