State v. Gore

The issue in this case is whether the petitioner's conviction for being a felon in possession of a firearm must be vacated when his predicate felony conviction has been reversed for insufficient evidence. We hold that it must be so vacated, and reverse the Court of Appeals.

Petitioner Johnie Lee Gore was convicted of second degree burglary on November 2, 1979. On April 16, 1980, while his burglary conviction was on appeal, Gore was arrested for allegedly pointing a pistol at some people in a parking lot. He was charged with violating RCW 9.41.040, which prohibits one who has been "convicted"…