State v. Miller

Defendant appeals his conviction, following a stipulated facts trial to the court, for being an ex-convict in possession of a firearm. ORS 166.270. He also appeals the subsequent reinstatement of his prison sentence and revocation of his probation on an earlier forgery in the first degree conviction. The sole issue with respect to both appeals is whether the sawed-off shotgun that defendant admits to having had in his possession is a “firearm capable of being concealed upon the person,” as that phrase is used in ORS 166.270(1). We affirm.

ORS 166.270(1) provides, in part:

“Any person who has…