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STATE v. MILLER

C82-06-35828, C86-09-34330; CA A42784 (Control), A42785.

742 P.2d 692 (1987)

87 Or.App. 439

STATE of Oregon, Respondent, v. Steven Charles MILLER, Appellant.

Court of Appeals of Oregon.

Decided September 16, 1987.

Attorney(s) appearing for the Case

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

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant appeals his conviction, following a stipulated facts trial to the court, for being an ex-convict in possession of a firearm. ORS 166.270. He also appeals the subsequent reinstatement of his prison sentence and revocation of his probation on an earlier forgery in the first degree conviction. The sole issue with respect to both appeals is whether the sawed-off shotgun that defendant admits to having had in his possession is a "firearm capable...

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