State v. Dalby ( 2013 )

384 October 17, 2013 No. 54 IN THE SUPREME COURT OF THE STATE OF OREGON STATE OF OREGON, Petitioner on Review, v. JUSTIN DEWAIN DALBY, Respondent on Review. (CC 090748295; CA A143586; SC S059743) On review from the Court of Appeals.* Under advisement September 4, 2013. Tiffany Keast, Assistant Attorney General, filed the petition for Petitioner on Review. No appearance contra. Before Balmer, Chief Justice, and Kistler, Walters, Linder, Landau and Baldwin, Justices.** PER CURIAM The decision of the Court of Appeals is reversed and the judgment of the circuit court is affirmed. In this criminal case, the defendant was charged with Felon in Possession of a Restricted Weapon, ORS 166.270(2), after he was found in possession of a switchblade. At trial, the state introduced a certified copy of a 2005 judgment of conviction on a felony charge (possession of a controlled substance). Defendant requested that the trial court instruct the jury that, to convict, it must also find that, at the relevant time, he knew that he was a felon. The trial court declined to give the requested instruction. Defendant was convicted. The Court of Appeals reversed and remanded, citing State v. Rainoldi, 236 Or App 129, 235 P3d 710 (2010), rev allowed, 349 Or 654 (2011). The state sought review. Held: The decision of the Court of Appeals is reversed. The judgment of the circuit court is affirmed. ______________ **  Appeal from Multnomah County Circuit Court, Edward J. Jones, Judge. 244 Or App 329, 258 P3d 1292 (2011). **  Brewer, J., did not participate in the consideration or decision of this case. Cite as 354 Or 384 (2013) 385 PER CURIAM The petition for review is allowed. The decision of the Court of Appeals, State v. Dalby, 244 Or App 329, 258 P3d 1292 (2011), is reversed. State v. Rainoldi, 351 Or 486, 268 P3d 568 (2011). The judgment of the circuit court is affirmed. The decision of the Court of Appeals is reversed and the judgment of the circuit court is affirmed.