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STATE v. GILBERT

88CR-2205; CA A50849.

781 P.2d 389 (1989)

99 Or.App. 116

STATE of Oregon, Respondent, v. Russell Sherman GILBERT, Appellant.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

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

Thomas H. Denney, 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 BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The issue in this appeal is whether ORS 161.610, the so called "gun minimum" statute, is applicable to the crime of ex-convict in possession of a firearm. We conclude that it is and affirm.

Defendant was charged with being an ex-convict in possession of a firearm. ORS 166.270(1).1 In addition to setting forth the elements of that crime, the indictment alleged that, during...

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