Lindsay v. State

Appellant seeks review of the trial court’s imposition of a B-year minimum mandatory sentence pursuant to the 10/20/ Life statute. Specifically, appellant alleges the imposition constituted error because the jury was not given a special interrogatory to decide the question of actual possession. We agree with appellant that the failure to submit the question of actual possession to the jury amounted to error, but we find the error to be harmless. We understand that a number of earlier cases have determined that harmless error cannot be found regardless of the overwhelming evidence presented at…