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STATE v. DAVIS

11CR0811FE; A149110.

335 P.3d 322 (2014)

265 Or. App. 425

STATE of Oregon, Plaintiff-Respondent, v. John Lee DAVIS, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 10, 2014.

Attorney(s) appearing for the Case

Anne Fujita Munsey , Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Timothy A. Sylwester , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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

HADLOCK, J.

Defendant, who was convicted of murder in 1995, was charged with two counts of felon in possession of a firearm, a Class C felony, after police officers found a rifle and a shotgun in his home on April 14, 2011. See ORS 166.270(5) ("Felon in possession of a firearm is a Class C felony."). Defendant pleaded no contest and the trial court accepted that plea, finding defendant guilty of both counts. At a later sentencing hearing, defendant argued that...

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