State v. Ford

Syllabus

Calvin D. Ford appeals his convictions for murder, possession of a weapon during the commission of a violent crime, and possession of a weapon by a felon. During Ford's immunity hearing pursuant to the Protection of Persons and Property Act (the Act), Ford asserts the circuit court erred in failing to sit as fact finder at the immunity hearing. Ford also contends the circuit court erred in determining the Act does not provide immunity from prosecution for possession of a weapon during the commission of a violent crime and unlawful possession of a weapon by a person convicted of a violent crime. During Ford's trial, Ford asserts the trial court erred in allowing the State to introduce a witness's prior consistent statement. Ford also contends the trial court erred in sentencing Ford to five years' imprisonment for possession of a weapon during the commission of a violent crime after sentencing him to life imprisonment without the possibility of parole for murder (LWOP). We affirm the trial court's admission of a prior consistent statement, vacate Ford's sentence for possession of a weapon during the commission of a violent crime, and remand for the circuit court to make specific findings of fact that support whether Ford is, or is not, entitled to immunity for murder, possession of a weapon during the commission of a violent crime, and unlawful possession of a weapon by a person convicted of a violent crime.