Evans v. State
The Fourth DCA affirmed Evans's felon-in-possession conviction, finding sufficient evidence despite identification confusion caused by his twin brother, but reversed the three-year mandatory minimum sentence because the jury's special interrogatory only distinguished firearm versus ammunition and never made an express finding of actual (as opposed to constructive) possession. The court also struck a $50 investigative cost because the State never requested it.
Key facts
- Evans was charged with felon in possession of a firearm; the trial court convicted him based on circumstantial evidence including surveillance video and detective testimony, despite eyewitness identification confusion involving Evans's identical twin brother.
- The jury's special interrogatory asked only whether the possessed item was a firearm or ammunition, but made no express finding distinguishing actual possession from constructive possession.
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Why it matters
This decision reinforces the Fourth DCA's consistent rule (Rock, Collazo, Banks) that mandatory minimum firearm sentences require a jury's express finding of actual possession, not just a generic finding on the type of… — full analysis with a trial
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