State v. Spencer

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 07-01-2015
• Case #: A155247
• Judge(s)/Court Below: PER CURIAM; Ortega, P.J.; DeVore, J.; & Garrett, J.

A conviction under ORS 166.610 and ORS 161.270 for felon in possession of a firearm with a firearm may not be sustained if the defendant's felony has been reduced to a misdemeanor at the time of the conviction under ORS 166.610 and ORS 161.270.

Defendant appealed his conviction of felon in possession of a firearm with a firearm, arguing that he was not a felon at the time he was convicted of the crime. Defendant was convicted of a felony in 2004, and the felony was reduced to a misdemeanor in 2007. When he was convicted of felon in possession of a firearm with a firearm in 2012, he was no longer a felon. The state conceded its error. Reversed for resentencing on that issue.

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