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STATE v. RAINOLDI

(CC 061255770; CA A136377; SC S058846).

268 P.3d 568 (2011)

351 Or. 486

STATE of Oregon, Petitioner on Review, v. Nicholas Ryan RAINOLDI, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 30, 2011.

Attorney(s) appearing for the Case

Timothy A. Sylwester , Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Ernest G. Lannet , Chief Deputy Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

LANDAU, J.

ORS 166.270(1) provides that any person "who has been convicted of a felony" who owns or possesses a firearm commits the crime of felon in possession of a firearm. The issue in this case is whether the statute requires proof that the defendant knew that he had been convicted of a felony before he possessed, or attempted to possess, a firearm. The Court of Appeals held that ORS 166.270(1) requires proof of such knowledge and that the trial court erred...

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