318 P.3d 812
Wyo.2014Background
- Wyoming Supreme Court review of a Stipulated Motion to Reverse and Remand in S-13-0254 and S-13-0255.
- Pedraza pled guilty or no contest to nine felonies: two counts of first-degree sexual abuse of a minor and seven counts of second-degree sexual abuse of a minor.
- District court advised, as felonies, conviction could lead to loss of civil rights; advisory on firearms rights given.
- Pedraza argues firearms advisement required by Wyo. Stat. § 7-11-507(a)(ii) was not provided.
- State agrees the advisement was insufficient with respect to § 7-11-507(a)(ii) but not necessarily § 7-11-507(a)(i).
- Court reverses the judgments and vacates, remanding for proceedings consistent with this order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 7-11-507(a)(ii) firearms advisement was properly given. | Pedraza contends the court failed to advise loss of firearms rights under § 7-11-507(a)(ii). | State concedes the § 7-11-507(a)(ii) advisement was not satisfied. | Convictions reversed and vacated; remanded. |
Key Cases Cited
- Balderson v. State, 309 P.3d 809 (Wy. 2013) (advisement requirement for loss of firearms privileges and employment impact)
- Starrett v. State, 286 P.3d 1033 (Wy. 2012) (precedent on firearms advisement necessity)
- Cobb v. State, 312 P.3d 827 (Wy. 2013) (further guidance on conviction advisement obligations)