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BAILEY v. LAMPERT

(CC 02-05-201M; CA A124795; SC S53154).

153 P.3d 95 (2007)

342 Or. 321

Michael Jon BAILEY, Petitioner on Review, v. Robert LAMPERT, Superintendent, Snake River Correctional Institution, Respondent on Review.

Supreme Court of Oregon.

Decided February 8, 2007.

Attorney(s) appearing for the Case

Andrew S. Chilton, Chilton, Ebbett & Rohr, LLC, Portland, argued the cause and filed the brief for petitioner on review.

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

BALMER, J.

The issue in this case is whether petitioner's convictions for being a felon in possession of a firearm must be set aside because the predicate conviction on which his status as a felon was based was overturned three years after the felon-in-possession convictions. The trial court set aside the felon-in-possession convictions, but the Court of Appeals reversed. Bailey v. Lampert, 203 Or.App. 45,

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