State v. Moore (Order on Motion)

Summary

The court held that “essential element” in the statutory definition of “serious firearm offense” means the basic and necessary legal elements that the state must prove for conviction, not the factual allegations used to establish those elements. Because none of the offenses charged against the defendant required proof that he discharged, used, or was armed with and threatened the use of a firearm, the 30 percent cash-bond requirement was unauthorized and the trial court’s order was vacated.