State v. Ferguson

A trial court may err if it fails to merge two counts of felon in possession of a firearm where the crimes involve the same statutory provision, a single victim, and are not separated by sufficient time to justify separate convictions.

The trial court did not err in denying Defendant’s MJOA because there was sufficient evidence for the jury to find that Defendant had constructive possession of firearms; the jury could properly find constructive possession because Defendant knew the guns had been left in his possession and they were left in an easily accessible, unlocked room. The Defendant also argued, and the State conceded, that the trial court erred in not merging the two counts of felon in possession of a firearm. The Court held that trial court did err in failing to merge the two counts of possession of a firearm into a single count, because the crimes involved the same statutory provision, a single victim, and were not separated by sufficient time to justify separate convictions. That portion of the judgment reversed and remanded for resentencing, otherwise affirmed.