State v. Henderson

Ruffin, Chief Judge.

Terry Henderson was charged by accusation with possession of a firearm by a convicted felon and reckless conduct. Henderson moved to dismiss the charge of possession of a firearm by a convicted felon on the basis of mistake of fact. The trial court granted Henderson’s motion to dismiss. The State appeals, arguing that the issue should be decided by a jury. For reasons that follow, we reverse.

In his motion to dismiss the charge of possession of a firearm by a convicted felon, Henderson conceded that he “was in possession of a firearm, he was a convicted felon, and he had…