Brandon v. State

The appellant, Earnesto Brandon, challenges his conviction for possession of a firearm by a convicted felon. He argues that the trial court erred by admitting into evidence a transcript of a 911 call. We agree and reverse.

The charge against Brandon arose from a 911 call reporting that a woman had been assaulted by a man who struck her and then threatened to kill her while pointing a gun at her. The caller identified Brandon as the assailant.

On the day of Brandon’s jury trial, the state learned that the victim, the person who purportedly made the 911 call, would not testify. The defense…