Court of Appeals of Oregon, 2011

State v. Bias

State v. Bias
Court of Appeals of Oregon · Decided March 23, 2011 · Rosenblum, Schuman, Wollheim
241 Or. App. 647; 250 P.3d 974; 2011 Ore. App. LEXIS 395

State v. Bias

Opinion of the Court

PER CURIAM

Defendant, who was convicted of being a felon in possession of a firearm, ORS 166.270(1), contends that the trial court erred in failing to instruct the jury that the state was required to prove a culpable mental state with respect to his status as a felon. In light of our decision in State v. Rainoldi, 236 Or App 129, 235 P3d 710 (2010), rev allowed, 349 Or 654 (2011), which was decided after the judgment in this case was entered, we agree with defendant that the trial court erred in that respect.

Reversed and remanded.

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