State v. Barber

Knudson, J.:

Robert E. Barber appeals his jury trial conviction for criminal possession of a firearm. On appeal, Barber argues that the trial court erred in failing to instruct the jury that to convict, all of the jurors had to agree that the same underlying criminal act had been proven beyond a reasonable doubt and further erred in omitting an element of the crime from the elements instruction.

We reverse and remand for new trial, because it is not possible to conclude the jury rendered a unanimous verdict based upon the same underlying act of possession.

The State's evidence was that Barber, a…