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STATE v. STARK

CC 08040789; CA A144974; SC S060384.

307 P.3d 418 (2013)

354 Or. 1

STATE of Oregon, Respondent on Review, v. Nile Terrence STARK, Petitioner on Review.

Supreme Court of Oregon.

Decided August 15, 2013.

Attorney(s) appearing for the Case

Andrew D. Robinson , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Gregory A. Rios , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.

WALTERS, J.

Defendant challenges his conviction for the crime of felon in possession of a firearm, arguing that, when he possessed the firearm in question, he was not a "person who has been convicted of a felony" within the meaning of the felon-in-possession statute, ORS 166.270. Paragraph (3)(a) of that statute provides that a conviction shall not be deemed a felony conviction if, "at the time of judgment," the court declared the conviction to be a misdemeanor. We...

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