Killian v. State

I do not agree that this conviction should be affirmed. In order to convict Killian of being a felon in possession of a firearm, the State need not prove actual possession or ownership; constructive possession, which is the control or the right to control the contraband, is sufficient. Knight v. State, 51 Ark. App. 60, 908 S.W.2d 644 (1995). Constructive possession can be implied where the contraband was found immediately and exclusively accessible to the accused and subject to his control, id. However, where the conviction is based on joint occupancy of the premises where contraband is…