State v. McKiver, 247 N.C. App. 614 (May. 17, 2016)

The court held that the trial court did not err in denying the defendant’s motion to dismiss a charge of felon in possession of a firearm, rejecting the defendant’s argument that there was insufficient evidence establishing that he had constructive possession of the weapon. The evidence showed, among other things, that an anonymous 911 caller saw a man wearing a plaid shirt and holding a gun in a black car beside a field; that someone saw that man dropped the gun; that an officer saw the defendant standing near a black Mercedes wearing a plaid shirt; that the defendant later returned to the scene and said that the car was his; and that officers found a firearm in the vacant lot approximately 10 feet from the Mercedes. This evidence was sufficient to support a reasonable juror in concluding that additional incriminating circumstances existed--beyond the defendant’s mere presence at the scene and proximity to where the firearm was found--and thus to infer that he constructively possessed the firearm.