State v. Stark

Defendant challenges his conviction for the crime of felon in possession of a firearm, arguing that, when he possessed the firearm in question, he was not a “person who has been convicted of a felony” within the meaning of the felon-in-possession statute, ORS 166.270. Paragraph (3)(a) of that statute provides that a conviction shall not be deemed a felony conviction if, “at the time of judgment,” the court declared the conviction to be a misdemeanor. We interpret that paragraph to refer not only to the original judgment of conviction, but also to subsequent judgments of conviction entered…