ORDER CERTIFYING QUESTION TO SUPREME COURT

Docket No. 48454.

492 P.3d 1094 (2021)

IN RE: ORDER CERTIFYING QUESTION TO the SUPREME COURT OF IDAHO. United States of America, Plaintiff-Respondent, v. Antonio Francisco Gutierrez, Defendant-Appellant.

Supreme Court of Idaho, Boise, April 2021 Term.

Filed: August 3, 2021.


Attorney(s) appearing for the Case

Hendrickson Law Firm, P.C., Billings, MT, attorney for Appellant, Antonio Gutierrez , Desi Seal , argued.

United States Attorney's Office, Boise, attorney for Respondent, United States of America. Syrena Hargrove , argued.

Idaho Association of Criminal Defense Lawyers (IACDL), Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), Idaho Second Amendment Alliance (ISAA), Federal Defender Services of Idaho (FDSI), and the Federal Defenders of Eastern Washington and Idaho (FDEWI), attorneys for Amicus Curiae.


This matter comes to the Idaho Supreme Court as a certified question from the United States Court of Appeals for the Ninth Circuit. The question certified is:

Whether an Idaho state court order reducing the defendant's judgment of conviction for felony burglary to a judgment of conviction for misdemeanor petit theft...

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