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240 Or. App. 430

247 P.3d 328

State v. Lewis

STATE of Oregon, Plaintiff-Respondent, v. James Stephen LEWIS, Defendant-Appellant.

Court of Appeals of Oregon

Decided January 12, 2011

Court of Appeals of Oregon · decided 2011-01-12

Relies on 239 Or. App. 313 - State v. Reynolds

Decided 2011-01-12

092952DV; A143022.

¶1Court of Appeals of Oregon.

Submitted December 3, 2010.
Decided January 12, 2011.

¶2Peter Gartlan, Chief Defender, and Lindsey K. Detweiler, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

¶3John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Jennifer S. Lloyd, Attorney-in-Charge, Criminal Appeals, filed the brief for respondent.

¶4Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

¶5PER CURIAM.

¶6Defendant appeals a judgment of conviction for contempt of court and the trial court's corresponding entry of a firearm notification. The state concedes that the trial court erred. Based on our reasoning in State v. Reynolds,239 Or.App. 313, 243 P.3d 496 (2010), we accept the state's concession. Because it was error for the trial court to enter a judgment of conviction, the corresponding entry of a firearm notification was also error.

¶7Reversed and remanded with instructions to enter a judgment finding defendant in contempt of court.

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