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STATE v. CASEY

Nos. CC CR030474;, CA A125350; SC S055674.

203 P.3d 202 (2009)

346 Or. 54

STATE of Oregon, Respondent on Review, v. Richard Brian CASEY, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided March 5, 2009.

Attorney(s) appearing for the Case

Shawn Evans Wiley, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Denis M. Vannier, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

KISTLER, J.

The question in this case is whether defendant constructively possessed a gun that his guest put on defendant's counter as defendant and the guest briefly stepped out of defendant's trailer. The trial court denied defendant's motion for judgment of acquittal and, sitting as the trier of fact, found defendant guilty of being a felon in possession of a firearm. The Court of Appeals affirmed. State v. Casey, 215 Or.App. 76

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