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State v. Stark

Summarized by: 

Date Filed: 03-14-2012
Case #: A144974
Brewer, C.J. for the Court; Gillette, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/sites/Publications/A144974.pdf

Criminal Law: Under ORS 166.270(3)(a), the phrase "at the time of judgment" refers to the time when the original felony judgment was entered. A later reduction of the charge to a misdemeanor is irrelevant.

Defendant appeals a conviction of felon with a firearm. In 2004, Defendant was convicted of a felony. In March 2006, after completing probation successfully, Defendant requested misdemeanor treatment of his conviction, which was granted. In 2008, he was charged with felon in possession. At trial, Defendant argued that he was a misdemeanant, not a felon, for purposes of the statute. The trial court denied the argument and convicted Defendant. On appeal, Defendant argued that his 2004 conviction was a misdemeanor and due to a statutory exception, was deemed as such – as opposed to a felony. The State responded that this exception only applies where the sentencing court declared the conviction to be a misdemeanor and a felony conviction later reduced to a misdemeanor is irrelevant. On review, the Court of Appeals found that, under ORS 166.270(3)(a), the phrase “at the time of judgment” refers to the time when the original felony judgment was entered, not a later time when conviction-reducing judgment was entered. Affirmed.