Hawai'i v. Foster
Annotate this CaseIn this case, the Supreme Court held that mere proximity and power to exercise control over contraband are insufficient to sustain a conviction for possession absent evidence of intent. Petitioner-Defendant-Appellee Raymond L. Foster was found guilty by a jury of, inter alia, one count of being a felon in possession of a firearm and one count of being a felon in possession of ammunition. Following the jury verdict, the circuit court granted Petitioner's renewed motion for judgment of acquittal on those two counts, concluding that the evidence adduced at trial did not establish he had the requisite intent to exercise dominion and control over the firearm and ammunition. The State appealed, and the Intermediate Court of Appeals ("ICA") concluded that there was sufficient evidence of intent, vacated the circuit court's order granting Petitioner's renewed motion for judgment of acquittal, and remanded for resentencing based on the jury's guilty verdicts. Upon review, the Supreme Court concluded that the ICA erred in vacating the circuit court's order granting Petitioner's renewed motion for acquittal of both the firearm and ammunition charges. The Court reinstated the circuit court's order granting Petitioner's renewed motion for judgment of acquittal of the firearm and ammunition charges.
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