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STATE v. GRISBACK

532 P.2d 1125 (1975)

STATE of Oregon, Respondent, v. Raymond Russell GRISBACK, Jr., Petitioner.

Supreme Court of Oregon, In Banc.

Decided March 13, 1975.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for petitioner. With him on the brief was Douglas M. Ancona, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

DENECKE, Justice.

The problem in this case arises because of our decision in State v. Tippie, Or., 525 P.2d 1315 (1974). In Tippie, as in the instant case, the defendant was convicted of being a convicted felon in possession of a concealable weapon. In Tippie the defendant had originally been convicted of a crime which was a felony when he was convicted but not when he was apprehended in possession of the weapon. We...

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