State v. Malachi

ERVIN, Justice.

**720The issue before the Court in this case is whether the Court of Appeals erred by vacating the judgment entered by the trial court based upon defendant's convictions for possession of a firearm by a felon and having attained habitual felon status on the grounds that the trial court had erroneously instructed the jury that it could convict defendant based upon a constructive possession theory that lacked sufficient evidentiary support. After careful consideration of the record in light of the applicable law, we reverse the decision of the Court of Appeals and remand this…