State v. Mills

David Mills appeals both his conviction for possessing methamphetamine with intent to deliver and his sentence enhancement for being armed with a deadly weapon during the commission of the crime. He claims the trial court erred in denying his motion to suppress evidence and in concluding that he was "armed” with a gun that happened to be several miles away at the time of his arrest. In his pro se brief, Mills challenges the State’s failure to elect which of two acts of possession it was charging. We affirm the conviction and reverse the sentence enhancement.

Facts

When Sheriff Deputy Aust went…