State v. Foley

MARING, Justice.

[¶ 1] The State of North Dakota appeals from a trial court order dismissing the charge of felon in possession of a firearm against Robert Brian Foley for lack of probable cause. We conclude we have jurisdiction to hear the State’s appeal; however, we are unable to clearly determine the factual basis for the trial court’s conclusion that probable cause did not exist. Therefore, we reverse and remand for additional findings of fact and reconsideration of the issue.

I

[¶ 2] Foley was charged by criminal complaint with one count of being a felon in possession of a firearm in…