312 P.3d 827
Wyo.2013Background
- 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)
