State v. Davis

Defendant, who was convicted of murder in 1995, was charged with two counts of felon in possession of a firearm, a Class C felony, after police officers found a rifle and a shotgun in his home on April 14, 2011. See ORS 166.270(5) (“Felon in possession of a firearm is a Class C felony.”). Defendant pleaded no contest and the trial court accepted that plea, finding defendant guilty of both counts. At a later sentencing hearing, defendant argued that the trial court’s determinations of guilt should merge under ORS 161.067, resulting in only a single conviction. The trial court denied…