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STATE v. GARDNER

10-83-06378; CA A30408.

693 P.2d 1303 (1985)

71 Or.App. 590

STATE of Oregon, Respondent, v. Arthur Lee GARDNER, Jr., Appellant.

Court of Appeals of Oregon.

Decided January 9, 1985.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Roy Pulvers, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were David B. Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Defendant appeals his conviction for being an ex-convict in possession of a concealable firearm, ORS 166.270, contending that the charge should have been dismissed on double jeopardy grounds. We reverse.

On July 31, 1983, defendant was arrested on the misdemeanor charge of pointing a firearm at another, ORS 166.190, and the felony charge of ex-convict in possession of a concealable firearm. The felony charge was based on then unconfirmed information...

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