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IN THE CIRCillT COURT OF THE STATE OF OREGON

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FOR BAKER COUNTY 5 THE STATE OF OREGON,
) ) ) ) ) ) ) ) )

Case No. 09-725 AFFIDAVIT OF COUNSEL

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Plaintiff,

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vs.

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BRIAN DAVID COLE, 9

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Defendant. STATE OF OREGON ) ) SS. County of Baker )

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I, J. ROBERT MOON, JR, being first duly sworn, on oath declare:

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1. I represent Brian Cole, the Defendant in the above-captioned case, and I make this
Affidavit in support of the attached Motion to set aside Defendant's arrest record.

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2. Defendant was cited for Furnishing Liquor to a Minor (Class A Misdemeanor) on October 31, 2009. On February 10, 2010, an Information was filed in Baker County Circuit
Court charging Defendant with two counts of Providing Liquor to a Person Under 21 (Class

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A Misdemeanor) and four counts of Sex Abuse in the Third Degree (Class A Misdemeanor).

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3, Defendant presented to the Baker County Jail on March 10.2010, where he was booked and fingerprinted on these charges.
4. Anached to this Affidavit as Exhibit I is a copy of the Information that was filed in

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Baker County Circ.uit Court.

J. Robert Mooo, Jr., P.C.

PAGE -1- AFFIDAVIT OF COUNSEL

Attorney at Law 1207 Dewey Avenue

PO Box 469

Baker City, OR 97814 541-523-6294 bob@jnlbc:rtmoonjr.com

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5. On December 15, 2010, Defendant pleaded guilty to one count of Fumishing Liquor to a Person under 21. All of the other charges were dismissed. Attached to this Affidavit as Exhibit 2 is a copy of the Judgment of Dismissal signed by The Honorable Garry L. Reynolds on December 2, 2010. 6. I believe that all of the other statutory requirements have been met. Accordingly, I would ask that this Court allow Defendant's Motion to Set Aside the Record of Arrest on the charges that were dismissed in this case.

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OFFICIAl. SEAL

SIGNED AND SWORN to before me by J. Robert Moon, Jr. this /7 October, 2011.

day of

i Guv.Not My ublic for Oregon mmission Expires: 7-18-13

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JANICE L CANGIE
NOTARY PUBUC-OREGON COMMISSION NO. 439$57 MY COMMISSiON EXPIRES JULY 18, 2.013

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PAGE -2- AFFIDAVII OF COUNSEL

J. Robert Moon, Jr., P.C. Attorney at Law 1207 Dewey Avenue PO Box 469 Baker CIty, OR 97814 541-523-6294 bob@jrobertmoonjr.com