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STATE v. DAVIS

96051015; A126827.

174 P.3d 1022 (2007)

216 Or. App. 456

STATE of Oregon, Plaintiff-Respondent, v. Cornelius Key DAVIS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 12, 2007.

Attorney(s) appearing for the Case

Andy Simrin, Salem, argued the cause and filed the brief for appellant.

Kaye E. McDonald, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

This case is before us for a third time. Defendant, who was convicted of felon in possession of a firearm (FIP), ORS 166.270, and murder, ORS 163.115, appeals, challenging his murder conviction and his sentences for both crimes. Specifically, defendant raises three distinct arguments: First, his retrial for murder, following the second appeal, in which the Supreme Court reversed defendant's original murder conviction, was barred as untimely under Article...

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