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State of Idaho v. Bob Lester Boren

March 14, 2013

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
BOB LESTER BOREN, AKA BOBBY LEE BOREN,
DEFENDANT-APPELLANT.



Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Juneal C. Kerrick, District Judge.

The opinion of the court was delivered by: Lansing, Judge

2013 Opinion No. 17

Stephen W. Kenyon, Clerk

Judgment of conviction for unlawful possession of a firearm, vacated, and order denying motion to dismiss, reversed.

Bob Lester Boren appeals from the judgment of conviction entered upon his conditional guilty plea to unlawful possession of a firearm. Boren asserts that the district court erred when it denied his motion to dismiss the charge because under a proper interpretation of Idaho statutes, his possession of a firearm was not illegal. We agree, and we therefore reverse.

I.

BACKGROUND

Boren has two prior felony convictions from other states: one a 1984 conviction in Oregon for delivery of a controlled substance, and the other a 1988 conviction in Nevada for possession of a controlled substance for purposes of sale. On July 15, 2011, police executed a search warrant at Boren's home and discovered a .22 semi-automatic pistol and a .22 rifle in his

1

bedroom. Based on the 1984 and 1988 out-of-state felony convictions, the State charged him with unlawful possession of a firearm in violation of Idaho Code § 18-3316, which criminalizes possession of a firearm by a convicted felon whose right to bear arms has not been restored.

Boren filed a motion to dismiss the charge, asserting that because his convictions occurred prior to July 1, 1991, under I.C. § 18-310 his civil rights, including the right to possess a firearm, were restored upon termination of his probation. The district court denied Boren's motion, after which Boren entered a conditional guilty plea reserving the right to appeal the court's denial of his dismissal motion. Boren timely appeals.

II.

ANALYSIS

Idaho Code ยง 18-3316(1) criminalizes possession of a firearm by a ...


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