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STATE v. MARCELL

A168367.

473 P.3d 143 (2020)

306 Or. App. 124

STATE of Oregon, Plaintiff-Respondent, v. Austin Lagrande MARCELL, Defendant-Appellant.

Court of Appeals of Oregon.

August 19, 2020.

Attorney(s) appearing for the Case

Joshua B. Crowther , Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Dashiell Farewell , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Adam Holbrook , Assistant Attorney General.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Defendant appeals a judgment of conviction for unlawful possession of a firearm, ORS 166.250. The firearm was found during a stop of a car in which defendant was in the driver's seat. The car was parked too far from the curb such that the back of the car extended into the southbound lane of traffic, and defendant was initially stopped for that...

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