State v. McCormick ( 2023 )

338 November 29, 2023 No. 628
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
STATE OF OREGON,
Plaintiff-Respondent,
v.
KYLE ADAM McCORMICK,
Defendant-Appellant.
Lane County Circuit Court
21CR11681; A178431
Charles D. Carlson, Judge.
Submitted October 27, 2023.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sara F. Werboff, Deputy Public Defender, Office
of Public Defense Services, filed the briefs for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Colm Moore, Assistant Attorney
General, filed the brief for respondent.
Before Tookey, Presiding Judge, and Egan, Judge, and
Kamins, Judge.
KAMINS, J.
Reversed and remanded.
Nonprecedential Memo Op: 329 Or App 338 (2023) 339
KAMINS, J.
Defendant appeals a judgment of conviction for
harassment constituting domestic violence, ORS 166.065.
After defendant pleaded guilty to the offense, the trial court
sentenced him to 36 months’ bench probation and prohibited
him from possessing firearms or ammunition under ORS
166.255. Defendant appeals, contending that harassment is
not a qualifying misdemeanor for the lifetime firearm pro-
hibition under ORS 166.255. In light of this court’s recent
decision, we agree. See State v. Eggers, 326 Or App 337, 351,
532 P3d 518 (2023) (holding that the crime of harassment is
not a “qualifying misdemeanor” for purposes of the firearm
prohibition in ORS 166.255). Accordingly, we reverse defen-
dant’s firearm prohibition and remand for resentencing.
Reversed and remanded.