State v. Foster.

Opinion of the Court by

NAKAYAMA, J.

In this case we hold that mere proximity and power to exercise control over contraband are insufficient to sustain a conviction for possession absent evidence of intent. Petitioner/Defendant-Appellee Raymond L. Foster was found guilty by a jury of, inter alia,. one count of being a felon in possession of a firearm and one count of being a felon in possession of ammunition. Following the jury verdict, the Circuit Court of the Second Circuit1 granted Foster’s renewed motion for judgment of acquittal on those two counts, concluding that the evidence adduced at…