State v. Bluel

DUNCAN, R J.

In this criminal case, the state charged defendant with two counts of unlawful manufacture of a destructive device. ORS 166.384(1)(a). Defendant waived his right to a jury, and the trial court found defendant guilty of both counts. Defendant appeals. As explained below, we conclude that the trial court failed to apply the correct definition of “destructive device,” which excludes any device that “is designed primarily or redesigned primarily for use as a * * * pyrotechnic” device. ORS 166.384(1)(a); ORS 166.382(2)(a). We further conclude that, because the trial court’s express…