State v. Brown

OPINION

NIERENGARTEN, Judge.

This is an appeal of a sentence after conviction for second degree assault. The appellant contends his present conviction is not a “second or subsequent offense” involving the use of a firearm and claims he was improperly sentenced to a mandatory minimum five-year prison term. We reverse.

FACTS

Appellant Bradley Brown fired a weapon in a gas station while trying to recover some money which purportedly had been taken from him. Brown was charged with two counts of second degree assault and one count of illegal possession of a firearm as a convicted felon. Brown pleaded…