Cuthbertson v. State

We reverse the judgment and sentence for armed robbery with a firearm and remand for resentencing.

Appellant was charged with robbery with a firearm. The defense theory was that Appellant was not armed. Prior to commencing the trial in the armed robbery case, Appellant was tried and acquitted on the charge of possession of a firearm by a convicted felon.1

We are satisfied from our review of the record of Appellant’s trial on the charge of possession of a firearm by a convicted felon that there is no possibility that a rational jury would have acquitted Appellant on that charge by reasoning that…