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State v. Spencer

Court of Appeals of Oregon

July 1, 2015

STATE OF OREGON, Plaintiff-Respondent,
v.
ANTWAUN LESHAWN SPENCER, Defendant-Appellant

Submitted May 29, 2015.

121034526. Multnomah County Circuit Court. Stephen K. Bushong, Judge.

Peter Gartlan, Chief Defender, and Mary M. Reese, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Antwaun Leshawn Spencer filed the supplemental brief Pro se.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Michael A. Casper, Senior Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

OPINION

Page 1254

[272 Or.App. 165] PER CURIAM

Defendant challenges his conviction of felon in possession of a firearm with a firearm, ORS 166.270 and ORS 161.610.[1] Specifically, he assigns error to the trial court's denial of his motion for judgment of acquittal of that charge.[2] Defendant argues that a person who has been convicted of a felony is not a felon for the purposes of the crime of felon in possession of a firearm if a judgment reducing the felony to a misdemeanor was in effect at the time the person was alleged to have possessed a firearm.[3] Here, defendant was convicted of hindering prosecution, a felony, in 2004. In 2007, however, a trial court reduced the felony to a mis-demeanor offense. Thus, defendant contends, when he possessed a firearm in 2012, which was the basis for the charge of felon in possession of a firearm with a firearm, he was not a felon for the purposes of the conviction, and the trial court erred in denying his motion for judgment of acquittal. The state concedes the error, and we accept the concession.

Felon in possession of a firearm with a firearm conviction reversed; remanded for resentencing; otherwise affirmed.


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