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STATE v. BIAS

081847FE; A140022.

250 P.3d 974 (2011)

241 Or. App. 647

STATE of Oregon, Plaintiff-Respondent, v. Audie Eugene BIAS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 23, 2011.

Attorney(s) appearing for the Case

Kristen A. Carveth , Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan , Chief Defender, and Rebecca Duncan , Assistant Chief Defender, Office of Public Defense Services.

Doug M. Petrina , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

PER CURIAM.

Defendant, who was convicted of being a felon in possession of a firearm, ORS 166.270(1), contends that the trial court erred in failing to instruct the jury that the state was required to prove a culpable mental state with respect to his status as a felon. In light of our decision in State v. Rainoldi, 236 Or.App. 129, 235 P.3d 710 (2010), rev. allowed,

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