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STATE v. FUNRUE

A168801.

475 P.3d 940 (2020)

306 Or. App. 720

STATE of Oregon, Plaintiff-Respondent, v. Brett Daniel FUNRUE, Defendant-Appellant.

Court of Appeals of Oregon.

September 30, 2020.

Attorney(s) appearing for the Case

Daniel C. Bennett, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Daniel Norris, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

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

Defendant appeals a judgment of conviction for unlawful possession of a firearm based on a charge that he carried a firearm "concealed upon [his] person," ORS 166.250(1)(a).1 With regard to that charge, the jury was instructed that "concealed on his person" meant that defendant either carried on his person a weapon...

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