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Criminal Law : Firearm Possession – Knowledge – Sufficiency Of Evidence

Where a defendant challenged his conviction for unlawful possession of a firearm, arguing that there was insufficient evidence that he knew he had a prior felony conviction for unlawful use of a weapon, the plain language of the statute does not apply the mental state of knowingly to the second element of the offense, which was the fact of a prior conviction, and the defendant’s other points were premised on the assumption that the state was required to prove that the defendant knew about his prior conviction, so the judgment is affirmed.

Judgment is affirmed.

State v. Purifoy (MLW No. 69574/Case No. SD33984 – 7 pages) (Missouri Court of Appeals, Southern District, Francis Jr., J.) Appealed from circuit court, Lawrence County, Goodman, J. (Amy Marie Bartholow, Columbia, for appellant) (Daniel Neal McPherson, Jefferson City, for respondent).

Read the full text of this opinion. (PDF)