Malcolm R. DePriest v. State of Indiana

Crone, Judge.

Case Summary

[1] Malcolm R. DePriest appeals his convictions for level 4 felony unlawful possession of a firearm by a serious violent felon ("SVF") and class A misdemeanor resisting law enforcement. He argues that the trial court committed fundamental error by instructing the jury that there would be a second phase of the trial if the jury found beyond a reasonable doubt that he knowingly or intentionally possessed a firearm. Finding no error, we affirm.

*288 Facts and Procedural History

[2] On September 28, 2017, an Evansville police officer responded to a report of an incident in…