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STATE v. FLORES

100331053; A148139.

313 P.3d 378 (2013)

259 Or. App. 141

STATE of Oregon, Plaintiff-Respondent, v. David Constancio FLORES, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 30, 2013.

Attorney(s) appearing for the Case

Mary M. Reese , Senior Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , 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 Anna M. Joyce , Solicitor General.

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

SCHUMAN, P.J.

Defendant was convicted of unlawful use of a weapon with a firearm and felon in possession of a firearm with a firearm. As explained below, these awkward and somewhat redundant crime titles result from the fact that unlawful use of a weapon, ORS 166.220,1 and felon in possession of a firearm, ORS 166.270,2 are both felonies, and ORS 161.610(2) provides that "[t]he use or threatened use of a firearm...

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