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.


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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