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STATE v. RUIZ

01041463C, 02103153C2; A120667 (Control) and A120668.

123 P.3d 381 (2005)

202 Or. App. 657

STATE of Oregon, Respondent, v. Martin Micky RUIZ, Appellant.

Court of Appeals of Oregon.

Decided November 16, 2005.

Attorney(s) appearing for the Case

Peter A. Ozanne, Executive Director, Peter Gartlan, Chief Defender, and Susan F. Drake, Senior Deputy Public Defender, Office of Public Defense Services, filed the opening brief for appellant. Susan F. Drake filed the supplemental brief.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Bethany C. Cunningham, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

PER CURIAM.

Defendant was convicted of being a felon in possession of a firearm, ORS 166.270, and sentenced to 14 months in prison. At the same sentencing hearing, his probation for a prior conviction of third-degree assault was revoked and he received an 18-month dispositional departure sentence, to be served consecutively to the sentence in the possession case. On appeal, defendant argues that ORS 166.270 violates Article I, section 27, of the Oregon Constitution...

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