State v. Grisback

The problem in this case arises because of our decision in State v. Tippie, 269 Or 661, 525 P2d 1315 (1974). In Tippie, as in the instant case, the defendant was convicted of being a convicted felon in possession of a concealable weapon. In Tippie the defendant had originally been convicted of a crime which was a felony when he was convicted but not when he was apprehended in possession of the weapon. We held the original conviction had to be a felony when Tippie was apprehended with the weapon. In the present case the crime for which defendant was convicted was a felony when he was convicted…