State v. Fikes

Facts

In 2005, defendant pled guilty to felony resisting arrest, for which he received a suspended imposition of sentence (SIS) and probation. An SIS is not deemed a conviction in the state of Missouri. In 2007, the defendant violated the terms of his probation and was revoked. The court converted the SIS to a suspended execution of sentence (SES) and again placed him on probation. In Missouri, an SES constitutes a conviction. On October 10, 2016, the defendant was the subject of a traffic stop. When the officer asked to search the vehicle, the defendant consent and informed the officer there was a firearm in the car. The defendant was arrested for a number of traffic violations. After his release, an officer for the illegal firearms squad learned of defendant’s prior felony conviction and issued an investigative stop order. In April 2017, the defendant was arrested at the police station when attempted to retrieve his gun. The defendant agreed to be interviewed and asked why he was under arrest. The officer asked him if he was a convicted felon, to which he replied no, describing that he had received probation. The officer explained that the revocation in 2007 caused him to be a convicted felon.