Miller v. State

VILLANTI, Judge.

Jerome Miller appeals his conviction for felon in possession of a firearm, contending that the trial court erred by denying his motion for judgment of acquittal. Because the State failed to prove that Miller was in either actual or constructive possession of the gun in question after he became a convicted felon, the State failed to establish a prima facie case of guilt. Therefore, we must reverse as a matter of law and remand for Miller’s discharge.

In its charging document, the State alleged that Miller was a felon in possession of a firearm “on or between 12/1/2008 through…