Arkwright v. State

JOHNSON, Presiding Judge.

In this appeal, we consider whether the trial court erred by allowing the state to use a prior felony conviction to prove the offense of possession of a firearm by a convicted felon, then permitting the state to use that same prior conviction to seek recidivist treatment in sentencing. We hold that the state could not properly use the prior conviction for both purposes. Therefore, we affirm the convictions but vacate the sentences and remand the case for resentencing in accordance with this opinion.

After the first phase of a bifurcated jury trial, Bobby Lee Arkwright…