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STATE v. HYMAN

C072268CR; A137971.

221 P.3d 832 (2009)

232 Or. App. 276

STATE of Oregon, Plaintiff-Respondent, v. Joseph Phillip HYMAN, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 25, 2009.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, Appellate Division, and Joshua B. Crowther, Senior Deputy Public Defender, Office of Public Defense Services.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent.

Before ROSENBLUM, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

PER CURIAM.

Defendant appeals from a judgment of conviction for felon in possession of a firearm, ORS 166.270(1), and possession of methamphetamine, ORS 475.894. He argues that the trial court erred in (1) denying his motion for a judgment of acquittal on the felon in possession of a firearm count; and (2) imposing a 42-month term of incarceration followed by a 36-month term of post-prison supervision on that count in violation of OAR 213-005-0002(4), which provides...

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