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STATE v. BRUST

951318; CA A95014.

974 P.2d 734 (1999)

158 Or. App. 455

STATE of Oregon, Respondent, v. Robert William BRUST, Appellant.

Court of Appeals of Oregon.

Decided February 17, 1999.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Janet A. Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

Defendant appeals a judgment of conviction for one count each of possession of a controlled substance and unlawful possession of a firearm. He assigns error to the trial court's denial of a motion for judgment of acquittal on the firearms charge. He argues that the state failed to prove the necessary element of his failure to have a license to carry the firearm. We agree with defendant, reverse the firearms conviction, and remand for resentencing.

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