State v. Brust

Defendant appeals a judgment of conviction for one count each of possession of a controlled substance and unlawful possession of a firearm. He assigns error to the trial court’s denial of a motion for judgment of acquittal on the firearms charge. He argues that the state failed to prove the necessary element of his failure to have a license to carry the firearm. We agree with defendant, reverse the firearms conviction, and remand for resentencing.

Defendant was stopped for a traffic offense. In the course of the stop, defendant admitted that he had methamphetamine in the car. Police officers…