State v. Foster

OPINION

G. BARRY ANDERSON, Judge

Defendant, charged with the crime of felon in possession of a firearm, a violation of Minn.Stat. § 624.713, subd. 1(b), 2 (2000), argues that his prior felony conviction for possession of cocaine is not a felony upon which to base a prosecution for felon in possession of a firearm because his prior conviction was deemed a misdemeanor by order of law. The district court certified the question of whether a prior felony, subject to a stay of imposi tion, which thus became a misdemeanor under Minn.Stat. § 609.13, subd. 1(2) (2000), subjects the offender to criminal…