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STATE v. CLEMENTE-PEREZ

D104733M; A147753.

322 P.3d 1082 (2014)

261 Or. App. 146

STATE of Oregon, Plaintiff-Respondent, v. Fernando CLEMENTE-PEREZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Daniel C. Bennett , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Rebecca M. Johansen , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and DE MUNIZ, Senior Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for unlawful possession of a firearm. ORS 166.250.1 He assigns error to the trial court's denial of his motion for judgment of acquittal, arguing that there was insufficient evidence that he was within a vehicle when he possessed a firearm and, alternatively, that there was uncontroverted evidence that he was entitled to possess the firearm because it was in his place of residence...

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