State v. Morales

LANSING, Judge.

Jose Morales was charged with carrying a concealed weapon without a license, I.C. § 18-3302. The magistrate granted a judgment of acquittal at the conclusion of the State’s trial evidence because the State did not prove that Morales had no license to carry a concealed weapon. On the State’s appeal, the district court reversed that order. Morales now appeals from the district court’s decision. The issue presented is whether a defendant’s lack of a license to carry a concealed weapon is an element of the offense under I.C. § 18-3302 upon which the State bears the burden of proof,…