State v. McCormick

338                 November 29, 2023               No. 628

   This is a nonprecedential memorandum opinion
    pursuant to ORAP 10.30 and may not be cited
         except as provided in ORAP 10.30(1).

         IN THE COURT OF APPEALS OF THE
                 STATE OF OREGON

                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
               KYLE ADAM McCORMICK,
                  Defendant-Appellant.
                Lane County Circuit Court
                  21CR11681; A178431

  Charles D. Carlson, Judge.
  Submitted October 27, 2023.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Sara F. Werboff, Deputy Public Defender, Office
of Public Defense Services, filed the briefs for appellant.
   Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Colm Moore, Assistant Attorney
General, filed the brief for respondent.
  Before Tookey, Presiding Judge, and Egan, Judge, and
Kamins, Judge.
  KAMINS, J.
  Reversed and remanded.
Nonprecedential Memo Op: 

 (2023)           339

        KAMINS, J.
         Defendant appeals a judgment of conviction for
harassment constituting domestic violence, ORS 166.065.
After defendant pleaded guilty to the offense, the trial court
sentenced him to 36 months’ bench probation and prohibited
him from possessing firearms or ammunition under ORS
166.255. Defendant appeals, contending that harassment is
not a qualifying misdemeanor for the lifetime firearm prohibition under ORS 166.255. In light of this court’s recent
decision, we agree. See State v. Eggers, 

,

 (2023) (holding that the crime of harassment is
not a “qualifying misdemeanor” for purposes of the firearm
prohibition in ORS 166.255). Accordingly, we reverse defendant’s firearm prohibition and remand for resentencing.
        Reversed and remanded.