Wednesday, March 14, 2007

Juvenile Adjudicated As A Felon Remains So

State v. Moore, No. 06-0661 (Iowa Ct. App. Mar. 14, 2007)

Moore was charged as a felon in possession of a firearm and appealed, arguing that Iowa Code sec. 724.26 was inapplicable to him as he was no longer a juvenile adjudicated as a felon, having reached the age of majority. In particular he points to language in the statute that says in part "who is adjudicated as a felon" and Moore argues that since he is not under adjudication the statute cannot apply to him.

The Court of Appeals differed, finding that to read the statute as Moore would have it would frustrate the purpose of the legislation. It would be inconceivable that a prior adjudication could not be used to support a prosecution of an adult under 724.26.


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