State v. Jones

Defendant appeals his conviction for being a felon in possession of a firearm. ORS 166.270. Defendant’s first trial ended in a mistrial. He was convicted of the charge after a second trial over his objection that the second trial was barred by ORS 131.515 and by the former jeopardy provisions of the Oregon and United States Constitutions. We reverse.

A jury was impaneled and sworn at defendant’s first trial. During defendant’s cross-examination of the state’s primary witness at that trial, the following colloquy occurred:

“ [Defense counsel]: You said that you have two convictions; you…