State v. Wolfe

Defendant was found guilty by the trial judge of the crime of possession of a weapon by an inmate of a penal institution, ORS 166.275, 1 on stipulated facts and sentenced to five years imprisonment. He seeks remand for judgment of conviction for a violation and resentencing. Defendant contends he can only be convicted for a violation which cannot carry a prison term because ORS 166.275 is outside the criminal code and it neither requires a culpable mental state nor evidences a clear legislative intent to dispense with the requirement of a culpable mental state. ORS 161.105(1) and (2).2 State…