Ex Parte Jimenez (Original)
Annotate this CaseDefendant was charged with and convicted of unlawful possession of a firearm by a felon. At issue was whether defendant's conviction was now void because the predicate felony conviction used to prove his felony status was set aside and the charge dismissed. The court held that to obtain a valid conviction for unlawful possession of a firearm by a felon, the State must prove a defendant's felony status at the time of the possession of the firearm. Therefore, if defendant had the status of a felon at the time he possessed the firearm, a conviction for unlawful possession of a firearm by a felon was not void if the predicate felony conviction was subsequently set aside. Accordingly, defendant was not entitled to habeas corpus relief.
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