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STATE v. STARK

CC 08040789; CA A144974; SC S060384.

307 P.3d 418 (2013)

354 Or. 1

STATE of Oregon, Respondent on Review, v. Nile Terrence STARK, Petitioner on Review.

Supreme Court of Oregon.

Decided August 15, 2013.

Attorney(s) appearing for the Case

Andrew D. Robinson, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Gregory A. Rios, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.

WALTERS, J.

Defendant challenges his conviction for the crime of felon in possession of a firearm, arguing that, when he possessed the firearm in question, he was not a "person who has been convicted of a felony" within the meaning of the felon-in-possession statute, ORS 166.270. Paragraph (3)(a) of that statute provides that a conviction shall not be deemed a felony conviction if, "at the time of judgment," the court declared the conviction to be a misdemeanor. We...

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