State Ex Rel. Orsborn v. Fogliani

OPINION

By the Court, Zenoff, D. J.:

On May 14, 1965, petitioner, James Howard Orsborn, entered a plea of guilty to an information filed in the Second Judicial District Court charging him with commission of a felony, i.e., ex-felon in possession of a firearm, in violation of NRS 202.360. Orsborn was sentenced to the Nevada State Prison for not less than one nor more than five years.

After serving several months in prison, Orsborn learned that the felony, upon which his Nevada conviction was based, was not in fact a felony but a misdemeanor and that, therefore, he could not have been an ex-felon…