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STATE v. DENG KON TONG

No. 10-0689.

805 N.W.2d 599 (2011)

STATE of Iowa, Appellee, v. DENG KON TONG, Appellant.

Supreme Court of Iowa.

October 21, 2011.

Attorney(s) appearing for the Case

Mark C. Smith , State Appellate Defender, and Shellie L. Knipfer , Assistant State Appellate Defender, for appellant.

Thomas J. Miller , Attorney General, Bridget A. Chambers , Assistant Attorney General, Stephen H. Holmes , County Attorney, and Travis S. Johnson , Assistant County Attorney, for appellee.

MANSFIELD, Justice.

Deng Kon Tong appeals his conviction on the offense of being a felon in possession of a firearm in violation of Iowa Code section 724.26 (2009). Tong claims the district court erred in denying his motion to dismiss the charge because he had not been convicted of any felony at the time he allegedly possessed the firearm. Although Tong had pled guilty to a felony earlier that same year, he received a deferred judgment and a term of probation that...

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