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STATE v. LEAKE

A174457.

527 P.3d 1054 (2023)

325 Or. App. 1

STATE of Oregon, Plaintiff-Respondent, v. Nicholas James Goddard LEAKE, Defendant-Appellant.

Court of Appeals of Oregon.

March 29, 2023.

Attorney(s) appearing for the Case

Peter G. Klym , 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.

Mark E. Seepe, Jr. , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and E. Nani Apo , Assistant Attorney General.

Before Shorr, Presiding Judge, and Pagán, Judge, and Armstrong, Senior Judge.

In this criminal appeal, defendant challenges his conviction for unlawful possession of a firearm (Count 3), ORS 166.250.1 He contends that the trial court (1) erred in denying his motion for judgment of acquittal (MJOA) on Count 3 and (2) plainly erred by failing to instruct the jury with respect to Count...

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