Jerome Miller

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Charge:	Felon in possession of a firearm or ammunition
Sentence:
Years Imprisoned:
Year Crime:	2009
Year Convicted:	2011
Year Cleared:	2013
U.S. State or Country of Crime:	Florida
County or Region of Crime:	Polk
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Jerome Miller was wrongly convicted in 2011 of being a felon in possession of a firearm in Polk County, Florida. Miller was convicted of a felony on April 24, 2008. He was on probation in March 2009 when he moved into a two bedroom apartment with his sister, her boyfriend, and their infant who occupied one bedroom, and Miller occupied the other bedroom. On May 12, 2009 a search was conducted of the apartment by police possessing a search warrant. A handgun was found between the mattress and box spring in the room occupied by Miller's sister, her boyfriend, and their infant. Crime lab testing determined that DNA found on the handgrip of the gun was a mix of Miller's DNA and that of an unidentified female, with Miller being the "major contributor." Miller was charged in state court with being a felon in possession of a firearm. During his trial Miller's defense was that he didn't know there was a gun under the mattress of his sister's bedroom, and if he had handled it, it was before April 24, 2008, when it was legal for him to do so. The prosecution's circumstantial case was that Miller must have handled the gun and he must have known where it was at. The trial judge denied Miller's motion for a directed verdict of acquittal at the close of the State's case, arguing the State had not proved he had either actual or constructive possession of the gun after April 24, 2008. After his conviction by a jury Miller appealed on July 7, 2011. On February 15, 2013 the Florida Court of Appeals, Second District, reversed Miller's conviction and ordered dismissal of the charge based on the prosecution's failure to introduce evidence sufficent to prove his guilt beyond a reasonable doubt. The Court noted that the prosecution introduced no evidence that Miller handled the gun after April 24, 2008, as conceded by the prosecution's own forensic expert, and the prosecution introduced no evidence that Miller had either actual or constructive possession of the handgun after he became a convicted felon."
Conviction Caused By:	Erroneous theory of actual or constructive possession of the handgun in question by the prosecution.
Innocence Proved By:	"On February 15, 2013 the Florida Court of Appeals, Second District, reversed Miller's conviction and ordered dismissal of the charge based on the prosecution's failure to introduce evidence sufficent to prove his guilt beyond a reasonable doubt. The Court noted that the prosecution introduced no evidence that Miller handled the gun after April 24, 2008, as conceded by the prosecution's own forensic expert, and the prosecution introduced no evidence that Miller had either actual or constructive possession of the handgun after he became a convicted felon."
Defendant Aided By:	"Howard L. Dimmig, II, Public Defender, and Edward L. Giles, Special Assistant Public Defender, Bartow, Florida."
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:
Information Source 1:	"Miller v. State, 107 So. 3d 498 (Fla: Dist. Court of Appeals, 2nd Dist. 2013) (Reversing conviction based on insufficient evidence and ordering dismissal of charges.)"
Information Location 1:	"https://scholar.google.com/scholar_case?case=10467599849693850975&q=+Miller++v.+State,+107+So.+3d+498+%28Fla.+2d+DCA+2013%29&hl=en&as_sdt=4,10"
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Jerome Miller

Charge:

Felon in possession of a firearm or ammunition

Sentence:

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2011

Year Cleared:

2013

U.S. State or Country of Crime:

Florida

County or Region of Crime:

Polk

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Erroneous theory of actual or constructive possession of the handgun in question by the prosecution.

Innocence Proved By:

Defendant Aided By:

"Howard L. Dimmig, II, Public Defender, and Edward L. Giles, Special Assistant Public Defender, Bartow, Florida."

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Miller v. State, 107 So. 3d 498 (Fla: Dist. Court of Appeals, 2nd Dist. 2013) (Reversing conviction based on insufficient evidence and ordering dismissal of charges.)"

Information Location 1:

"https://scholar.google.com/scholar_case?case=10467599849693850975&q=+Miller++v.+State,+107+So.+3d+498+%28Fla.+2d+DCA+2013%29&hl=en&as_sdt=4,10"

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Book About Case (2):

Book Information (2):

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