MILLER v. STATE

No. 2D11-3284.

107 So.3d 498 (2013)

Jerome MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 15, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Edward L. Giles , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers , Assistant Attorney General, Tampa, for Appellee.


VILLANTI, Judge.

Jerome Miller appeals his conviction for felon in possession of a firearm, contending that the trial court erred by denying his motion for judgment of acquittal. Because the State failed to prove that Miller was in either actual or constructive possession of the gun in question after he became a convicted felon, the State failed to establish a prima facie case of guilt. Therefore, we must reverse as a matter of law and remand for Miller's discharge...

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