State v. Summers

Robert D. Summers appeals his conviction of unlawful possession of a firearm in the first degree, based upon his constructive possession of a firearm found under a pillow on the only bed in the basement where he lived. He argues that (1) the information was defective because it failed to allege the nonstatutory element of knowledge; (2) the “to convict” instruction was constitution*378ally flawed because it failed to require the jury to find knowledge; (3) his trial counsel was ineffective for proposing the faulty “to convict” instruction; (4) the trial court erred in refusing to give two…