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STATE v. RAINOLDI

061255770; A136377.

235 P.3d 710 (2010)

236 Or. App. 129

STATE of Oregon, Plaintiff-Respondent, v. Nicholas Ryan RAINOLDI, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 30, 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, Appellate Division, Office of Public Defense Services.

Rene C. Holmes, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and RIGGS, Senior Judge.

SCHUMAN, P.J.

Defendant appeals his conviction for attempted felon in possession of a firearm. Defendant argues that the trial court erred by failing to instruct the jury that, in order to convict him, the jury had to find that, at the time he committed the alleged attempt, he knew he had been convicted of a felony. The state responds that we correctly held to the contrary in State v. Van Norsdall, 127 Or.App. 300,

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