FILED: March 23, 2011
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
AUDIE EUGENE BIAS,
Jackson County Circuit Court
Patricia Crain, Judge.
Argued and submitted on September 28, 2010.
Kristen A. Carveth, Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Rebecca Duncan, Assistant Chief Defender, Office of Public Defense Services.
Doug M. Petrina, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.
Before Schuman, Presiding Judge, and Wollheim, Judge, and Rosenblum, Judge.
Reversed and remanded.
Defendant, who was convicted of being a felon in possession of a firearm, ORS 166.270(1), contends that the trial court erred in failing to instruct the jury that the state was required to prove a culpable mental state with respect to his status as a felon. In light of our decision in State v. Rainoldi, 236 Or App 129, 235 P3d 710 (2010), rev allowed, 349 Or 654 (2011), which was decided after the judgment in this case was entered, we agree with defendant that the trial court erred in that respect.
Reversed and remanded..