Whitten v. State

OPINION

MINGE, Judge.

Appellant challenges his conviction of unlawful possession of a firearm, arguing that his probation-discharge order informed him that all of his civil rights were restored. Because we conclude appellant’s due-process rights were violated when the government prosecuted appellant, we reverse the district court’s denial of appellant’s petition for postconviction relief and vacate appellant’s conviction.

FACTS

In 1992, appellant Harold Christopher Whitten was convicted of a non-violent felony and sentenced to probation. The probation agreement appellant signed stated that “any…