OLSON v. LAMPERT

99-12-31,049M; A113369

60 P.3d 554 (2002)

185 Or.App. 477

Arthur Allen OLSON, Respondent, v. Robert LAMPERT, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided December 26, 2002.


Attorney(s) appearing for the Case

Ryan Kahn, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Walter J. Todd, Salem, argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


LANDAU, P.J.

The state appeals a judgment granting petitioner post-conviction relief due to the inadequate assistance of criminal trial counsel. The court concluded that criminal trial counsel unreasonably advised petitioner to plead guilty to a charge of being a felon in possession of a firearm based on petitioner's possession of a rifle that had its bolt removed. The state appeals, arguing that, in light of case law holding that a firearm need not be fully assembled...

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