from the Iowa District Court for Polk County, Karen A.
M. Greenberg of Greenberg & Hurd, LLP, Des Moines, for
J. Miller, Attorney General, and Kyle Hanson, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
POTTERFIELD, Presiding Judge.
defendant appeals his conviction for possession of a firearm
by a felon. REVERSED AND REMANDED FOR
Goodjoint appeals his conviction for possession of a firearm
as a felon. Goodjoint challenges the sufficiency of the
evidence to support the determination he was previously
convicted of a qualifying felony. We review challenges to the
sufficiency of the evidence for correction of errors at law.
State v. Romer, 832 N.W.2d 169, 174 (Iowa 2013).
Code section 724.26 (2016) makes it a crime for a person who
was previously convicted of a felony to knowingly carry a
firearm. The word "felony," as used in section
724.26, is statutorily defined as
any offense punishable in the jurisdiction where it occurred
by imprisonment for a term exceeding one year, but does not
include any offense, other than an offense involving a
firearm or explosive, classified as a misdemeanor under the
laws of the state and punishable by a term of imprisonment of
two years or less.
Iowa Code § 724.25.
State relied upon Goodjoint's 2013 conviction for
carrying weapons as the predicate felony. At the jury trial,
the State called Whitney Mann, who was Goodjoint's
probation officer in 2013. Through her testimony, the State
introduced as an exhibit an order from Goodjoint's 2013
case that showed the court revoked his deferred judgment and
adjudged him guilty of carrying a concealed weapon, in
violation of Iowa Code section 724.4(1). The State also
called the two police officers who arrested Goodjoint in
connection with the present crime. When asked if he had
learned "that Goodjoint has been convicted of a felony
or predicate offense for the offense of felon in possession
of a firearm," Officer Shawn Morgan responded,
"Yes." Similarly, Officer Brandon Holtan was asked
if he learned Goodjoint "was previously convicted of the
offense of carrying weapons," and responded,
"Yes." The State offered no evidence regarding the
specifics of the 2013 conviction before it rested.
moved for a judgment of acquittal,  arguing the State failed to
prove Goodjoint had been previously convicted of a felony or
qualifying offense under section 724.26. As Goodjoint argued,
carrying weapons-pursuant to section 724.4(1)-is not a
felony. The section provides:
Except as otherwise provided in this section, a person who
goes armed with a dangerous weapon concealed on or about the
person, or who, within the limits of any city, goes armed
with a pistol or revolver, or any loaded firearm of any kind,
whether concealed or not, or who knowingly carries or
transports in a vehicle a pistol or revolver, commits an
Iowa Code § 724.4(1) (emphasis added). Aggravated
misdemeanors are generally placed "outside the sweep of
the possession-of-a-firearm-by-a-felon statute."
State v. Buchanan, 604 N.W.2d 667, 669 (Iowa 2000).
Thus, in order to establish that Goodjoint's conviction
for carrying weapons forms the underlying basis for the
felon-in-possession-of-a-firearm charge, the State had to
prove the carrying-weapons conviction involved a firearm.
See id. (interpreting section 724.25(1) "as a
legislative directive that those committing ...