STATE v. PERRIN

Nos. 9407-44031; CA A90527.

929 P.2d 1016 (1996)

145 Or. App. 80

STATE of Oregon, Respondent, v. Michael Stephen PERRIN, Appellant.

Court of Appeals of Oregon.

Decided December 4, 1996.

Review Dismissed March 16, 1997.


Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Ann Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


EDMONDS, Judge.

Defendant appeals from his conviction of felon in possession of a restricted weapon and attacks the constitutionality of ORS 166.270(2). Among other things, the statute prohibits a person who has been convicted of a felony from possessing "an instrument or weapon commonly known as a blackjack." Defendant makes multiple assignments of error, one of which is dispositive. We reverse.

Defendant has previously been convicted of the crimes of robbery...

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