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STATE v. MARKWELL

A158500.

383 P.3d 285 (2016)

281 Or. App. 196

STATE of Oregon, Plaintiff-Respondent, v. Shawn Allen MARKWELL, aka Shawn A. Markwell, Defendant-Appellant.

Court of Appeals of Oregon.

September 21, 2016.

Attorney(s) appearing for the Case

Kyle Krohn , Deputy Public Defender, argued the cause for appellant. With him on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Inge D. Wells , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Robert M. Wilsey , Assistant Attorney General.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

Defendant was charged with being a felon in possession of a restricted weapon, ORS 166.270(2), and carrying a concealed weapon, ORS 166.240, for carrying in his pocket a knife that, as relevant here, the state alleged had "a blade that projects or swings into position by force of a spring."1

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