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The State charged Miller with multiple drug offenses, unlawful possession of a firearm by a serious violent felon (SVF), resisting law enforcement, and being a habitual offender. Miller’s attorney agreed to give the jury a preliminary instruction on unlawful possession of a firearm by an SVF, so that charge was not bifurcated. A jury found Miller guilty on all charges. The Cass Circuit Court granted the State’s post-verdict motion to dismiss the unlawful possession charge and sentenced Miller. The Court of Appeals reversed Miller’s convictions and remanded, concluding that giving the preliminary instruction was fundamental error. Miller v. State, 177 N.E.3d 893 (Ind. Ct. App. 2021), vacated. The Indiana Supreme Court granted transfer and assumed jurisdiction over the appeal.
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