Smith v. State

Appellant, Ben Arthur Smith was charged by information with two counts of unlawful possession of a firearm by a convicted felon. Prior to trial, he moved to sever the counts and the motion was denied. After a trial by jury, Smith was acquitted of one of these charges and convicted of the other. He now appeals his conviction and sentence. We affirm.

According to the testimony of police officer Regina Pelham, on May 15, 1997 at approximately 5:15 p.m., she stopped Smith, who was driving a Dodge Neon, for speeding and swerving in and out of traffic. At the time, Smith was the sole occupant of the…