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STATE v. ANDERSON

0612343CR; A135502.

227 P.3d 192 (2010)

233 Or. App. 475

STATE of Oregon, Plaintiff-Respondent, v. Randy Joe ANDERSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 3, 2010.

Attorney(s) appearing for the Case

Rebecca A. Duncan, Assistant Chief Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Doug M. Petrina, Senior Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Tiffany Keast, Assistant Attorney General.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

LANDAU, P.J.

Defendant was charged with two counts of felon in possession of a firearm, ORS 166.270. Before trial, he demurred to the indictment, arguing that the state was required to allege and prove that he knew that he was a felon at the time that he possessed the firearms. The trial court disallowed the demurrer, and defendant was convicted on stipulated facts. Defendant now appeals, assigning error to the trial court's disallowance of his demurrer, reiterating...

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