State v. Holliday

Defendant appeals his convictions and sentences for the crimes of being an ex-convict in possession of a firearm, ORS 166.270, and theft by receiving. ORS 164.055.

The trial court denied defendant’s motion in limine to exclude all references to his 1976 conviction for sodomy. He argues that the denial was error, because the state failed to prove that his guilty plea on that charge was counseled. A defendant who challenges the constitutionality of a prior conviction on that ground bears the burden of demonstrating prima facie that the conviction was uncounseled. If that is done, the burden is…