State v. Erb

Court of Appeals of Oregon

State v. Erb

790 P.2d 1211, 101 Or. App. 444, 1990 Ore. App. LEXIS 459

CourtCourt of Appeals of Oregon

DecidedApril 25, 1990

DocketC881381CR; CA A60832

StatusPublished

Cited by2 cases

This text of 790 P.2d 1211 (State v. Erb) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Erb, 790 P.2d 1211, 101 Or. App. 444, 1990 Ore. App. LEXIS 459 (Or. Ct. App. 1990).

Pincite

Opinion

PER CURIAM

Defendant appeals her conviction for being an ex-convict in possession of a firearm. ORS 166.270. She claims that, because her prior felony conviction became a misdemeanor conviction after 3 years when she was discharged from probation, evidence of the felony conviction should not have been admitted. We affirm.

ORS 166.270 provides that a person is deemed to have been convicted of a felony if the offense was a felony “at the time of conviction.” Moreover, a felony conviction becomes a misdemeanor only if it is made “a misdemeanor at the time of judgment” under the existing law by the sentence actually imposed. ORS 166.270(3)(a). Defendant had been convicted of a Class C felony, which carried a maximum sentence of 5 years. She was placed on probation after imposition of sentence was suspended. That did not reduce the felony conviction to a misdemeanor; her conviction was not otherwise reduced to a misdemeanor at the time of judgment. Therefore, she was still an ex-convict for purposes of ORS 166.270, and evidence of her conviction was properly admitted.

Affirmed.

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PER CURIAM

Defendant appeals her conviction for being an ex-convict in possession of a firearm. ORS 166.270. She claims that, because her prior felony conviction became a misdemeanor conviction after 3 years when she was discharged from probation, evidence of the felony conviction should not have been admitted. We affirm.

ORS 166.270 provides that a person is deemed to have been convicted of a felony if the offense was a felony “at the time of conviction.” Moreover, a felony conviction becomes a misdemeanor only if it is made “a misdemeanor at the time of judgment” under the existing law by the sentence actually imposed. ORS 166.270(3)(a). Defendant had been convicted of a Class C felony, which carried a maximum sentence of 5 years. She was placed on probation after imposition of sentence was suspended. That did not reduce the felony conviction to a misdemeanor; her conviction was not otherwise reduced to a misdemeanor at the time of judgment. Therefore, she was still an ex-convict for purposes of ORS 166.270, and evidence of her conviction was properly admitted.

Affirmed.

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Bluebook (online)

790 P.2d 1211, 101 Or. App. 444, 1990 Ore. App. LEXIS 459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-erb-orctapp-1990.

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