State v. Black

¶ 26. (dissenting). I respectfully dissent for two reasons. First, the majority fails to recognize, nor follow, well settled law that at a plea inquiry the court must determine whether the defendant's conduct does not amount to a defense. Second, in relying solely on one sentence in the complaint that the defendant admitted that he "handled" the gun, the circuit court failed to determine whether the facts constitute the offense of felon in possession of a firearm.

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¶ 27. It is well settled law in this state that the judge, at a plea inquiry, must determine whether the facts, if proved,…