State v. Gozzola

In this appeal brought pursuant to Neb. Rev. Stat. § 29-2315.01 (Cum. Supp. 2006), the State takes exception to an order of the district court for Douglas County sustaining John P. Gozzola’s motion to quash that portion of an information which charged him with being a felon in possession of a deadly weapon in violation of Neb. Rev. Stat. § 28-1206(1) (Reissue 1995). The issue presented is whether possession of a knife by a convicted felon violates § 28-1206(1). We agree with the district court that under the plain language of the statute, it does not. Accordingly, we overrule the State’s…