STATE v. BROWN


488 P.2d 856 (1971)

STATE of Oregon, Respondent, v. Royce Lovell BROWN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 21, 1971.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J. and FOLEY and THORNTON, JJ.


FOLEY, Judge.

Defendant, having previously been convicted of carrying a concealed weapon, ORS 166.240, was convicted of the separate crime of being a convicted person in possession of a concealable firearm, ORS 166.270. Both convictions were based upon a single occurrence involving a .32 caliber pistol. Defendant appeals, asserting, first, his plea of double jeopardy should have been allowed. Second, he claims the court erred in finding that he was a "convicted person...

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