Opinion
A178431
11-29-2023
STATE OF OREGON, Plaintiff-Respondent, v. KYLE ADAM McCORMICK, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sara F. Werboff, Deputy Public Defender, Offce of Public Defense Services, fled the briefs for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Colm Moore, Assistant Attorney General, fled the brief for respondent.
This is a Nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Submitted October 27, 2023
Lane County Circuit Court 21CR11681; Charles D. Carlson, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sara F. Werboff, Deputy Public Defender, Offce of Public Defense Services, fled the briefs for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Colm Moore, Assistant Attorney General, fled the brief for respondent.
Before Tookey, Presiding Judge, and Egan, Judge, and Kamins, Judge.
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, 326 Or.App. 337, 351, 532 P.3d 518 (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.