State v. Bias

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FILED: August 1, 2012 IN THE COURT OF APPEALS OF THE STATE OF OREGON STATE OF OREGON, Plaintiff-Respondent, v. AUDIE EUGENE BIAS, Defendant-Appellant. Jackson County Circuit Court 081847FE A140022 On remand from the Oregon Supreme Court, State v Bias, 352 Or 33, ___ P3d ___ (2012). Patricia Crain, Judge. Submitted on remand June 14, 2012. Peter Gartlan, Chief Defender, and Rebecca Duncan, Assistant Chief Defender, Office of Public Defense Services, for appellant. John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Doug M. Petrina, Senior Assistant Attorney General, for respondent. Before Schuman, Presiding Judge, and Wollheim, Judge, and Nakamoto, Judge. PER CURIAM Affirmed. 1 PER CURIAM 2 In State v. Bias, 241 Or App 647, 250 P3d 974 (2011), we reversed 3 defendant's conviction on one count of being a felon in possession of a firearm. Relying 4 on our decision in State v. Rainoldi, 236 Or App 129, 235 P3d 710 (2010), we concluded 5 that the trial court should have instructed the jury that the state was required to prove a 6 culpable mental state with respect to defendant's status as a felon. The Oregon Supreme 7 Court has since reversed our decision in Rainoldi and held that "ORS 166.270 exhibits a 8 clear legislative intent to dispense with the culpable mental state requirement as to the 9 element that a defendant 'has been convicted of a felony.'" State v. Rainoldi, 351 Or 486, 10 11 506, 268 P3d 568 (2011). In the wake of its decision in Rainoldi, the Supreme Court allowed the 12 state's petition for review of our decision in Bias, vacated that decision, and remanded for 13 reconsideration. On remand, we now conclude, in light of the Supreme Court's 14 superseding construction of ORS 166.270, that the trial court did not commit instructional 15 error, and we therefore affirm defendant's conviction. 16 Affirmed. 1

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