DocketNumber: 121034526; A155247
Citation Numbers: 272 Or. App. 164, 353 P.3d 1253
Judges: Devore, Garrett, Ortega
Filed Date: 7/1/2015
Status: Precedential
Modified Date: 9/9/2022
Defendant challenges his conviction of felon in possession of a firearm with a firearm, ORS 166.270 and ORS 161.610.
Felon in possession of a firearm with a firearm conviction reversed; remanded for resentencing; otherwise affirmed.
Defendant was also convicted of several other counts — first- and second-degree robbery, reckless driving, and attempting to elude an officer — not at issue on appeal.
Defendant also raises, in a pro se supplemental brief, other assignments of error, which we reject without further written discussion.
OES 166.270(3)(a) provides that a felony conviction “shall not be deemed a conviction of a felony if *** [t]he court declared the conviction to be a misdemeanor at the time of judgment” (Emphasis added.) In State v. Stark, 354 Or 1, 17, 307 P3d 418 (2013), the Supreme Court interpreted the phrase “at the time of judgment” to mean “the time of the judgment of conviction that was in effect at the time of the alleged firearm possession.”