Opinion
No. 66072-1-I.
March 28, 2011. UNPUBLISHED OPINION
Appeal from a judgment of the Superior Court for King County, No. 09-2-42805-1, Jean A. Rietschel, J., entered August 31, 2010.
Reversed and remanded by unpublished per curiam opinion.
Kevin Olson appeals from the trial court order denying his petition for restoration of his firearm rights under RCW 9.41.040(4). We accept the State's concession that the trial court relied on an erroneous construction of State v. Rivard, 168 Wn.2d 775, 231 P.3d 186 (2010), and on an incomplete record of Olson's criminal history. The State acknowledges that Olson has spent more than five years in the community without committing a crime following his 1995 conviction for attempted first degree robbery with a deadly weapon and 1999 conviction for felony escape from community custody. Olson therefore has "no prior felony convictions that prohibit the possession of a firearm" under RCW 9.41.040(4)(b)(i). We therefore reverse the trial court's order and remand for further proceedings consistent with Olson's criminal history and State v. Rivard.
Reversed and remanded.