Thomas v. State

PETERSON, Judge.

Timothy Thomas appeals a judgment convicting him of possession of a firearm by a felon. We reverse because the record does not contain any substantive evidence that Thomas had prior possession of the firearm that discharged during an altercation.

Thomas participated in a dice game in which Reggie Lawrence was also a player. Lawrence became hostile and began pushing Thomas on the chest. At first Thomas attempted to walk away, but a fight ensued during which Lawrence was shot.

During the trial, none of the witnesses testified that Thomas possessed or produced the gun that mortally…