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312 P.3d 827
Wyo.
2013
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Background

  • Appellant Taylor Forrest Cobb pled guilty to felony possession of cocaine and misdemeanors for possession of marijuana and heroin.
  • Before pleas, the district court advised Cobb that a felony conviction would result in loss of the right to possess firearms under federal law.
  • Judgment and Sentence was entered July 31, 2013.
  • On appeal Cobb argued his felony conviction must be reversed because the required firearms advisement under Wyo. Stat. § 7-11-507 was not given.
  • The State agreed the advisement was deficient and filed a stipulated motion for reversal and remand.
  • The Wyoming Supreme Court reviewed the advisement against § 7-11-507 and related precedent and reversed and vacated the felony conviction, remanding for further proceedings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the district court complied with Wyo. Stat. § 7-11-507 advisement requirement State agreed the advisement was inadequate and supported reversal Cobb argued conviction must be reversed for lack of the statutorily required advisement Reversed and vacated the felony conviction; remanded
Whether the court satisfied § 7-11-507(a)(i) (general collateral consequences advisement) State did not contest that (a)(i) was satisfied Cobb acknowledged (a)(i) had been given Court found (a)(i) was satisfied
Whether the court satisfied § 7-11-507(a)(ii) (specific advisement about loss of employment for occupations requiring firearms) State agreed (a)(ii) was not satisfied Cobb argued lack of (a)(ii) required reversal Court found (a)(ii) not satisfied and reversed conviction

Key Cases Cited

  • Balderson v. State, 309 P.3d 809 (Wyo. 2013) (legislature requires advisement about loss of firearms privileges and effect on employment in occupations requiring a gun)
  • Starrett v. State, 286 P.3d 1033 (Wyo. 2012) (advisement requirements under § 7-11-507 must be strictly applied)
Read the full case

Case Details

Case Name: Taylor Forrest Cobb v. The State of Wyoming
Court Name: Wyoming Supreme Court
Date Published: Nov 14, 2013
Citations: 312 P.3d 827; 2013 WY 142; 2013 Wyo. LEXIS 147; 2013 WL 6019544; S-13-0175
Docket Number: S-13-0175
Court Abbreviation: Wyo.
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    Taylor Forrest Cobb v. The State of Wyoming, 312 P.3d 827