State v. Collazo

The state appeals Alexis Collazo’s sentence, in which the trial court declined to impose a three-year mandatory minimum for possession of a firearm by a convicted felon. The mandatory-minimum sentence was only available for actual possession of a firearm. Because the jury was instructed on both actual and constructive possession — and was not provided a special interrogatory or verdict form to indicate which theory of possession it used to find Collazo guilty — it is unclear as to whether the jury found Collazo to have actually possessed a firearm. Therefore, we affirm.

The state charged…