Oregon v. Clemente-Perez
Annotate this CaseDefendant Fernando Clemente-Perez was convicted of unlawful possession of a firearm. At the close of the state’s case, defendant moved for judgment of acquittal, arguing that the state had not presented sufficient evidence that he had “[p]ossesse[d] a handgun that is concealed and readily accessible to the person within any vehicle,” within the meaning of ORS 166.250(1)(b). Alternatively, defendant argued that he qualified for an exception under ORS 166.250(2)(b), which provided a person may possess a handgun at the person’s “place of residence.” The trial court rejected those arguments, and a jury found defendant guilty. The Court of Appeals affirmed, concluding that defendant failed to preserve his argument that he had not been “within any vehicle” at the time that he possessed a handgun, and that he did not meet the “place of residence” exception. Finding no reversible error, the Supreme Court affirmed the trial court's judgment.
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