State v. Gardner

Defendant appeals his conviction for being an ex-convict in possession of a concealable firearm, ORS 166.270, contending that the charge should have been dismissed on double jeopardy grounds. We reverse.

On July 31, 1983, defendant was arrested on the misdemeanor charge of pointing a firearm at another, ORS 166.190, and the felony charge of ex-convict in possession of a concealable firearm. The felony charge was based on then unconfirmed information that defendant had a 1977 Montana felony conviction. On reviewing the police reports early the next morning, the district attorney determined that…