State v. Bracey, COA23-875, ___ N.C. App. ___ (Dec. 17, 2024)

In this Brunswick County case, defendant appealed his conviction for possession of a stolen firearm, arguing error in denying his motion to dismiss for insufficient evidence. The Court of Appeals majority found no error, affirming the denial.

In January of 2022, officers were observing a hotel known as a hub for illegal activity in Shallotte. One officer noticed a vehicle registered to defendant, who had four felony warrants. The officers observed the vehicle until defendant returned, and approached him as he was in the vehicle with the door open. After a brief discussion, defendant closed the door and fled in the vehicle, leading officers on a high-speed chase that ended in a crash. A search of defendant’s hotel room turned up narcotics and .38 caliber ammunition, and a search of the vehicle found a .38 caliber revolver hidden in a compartment next to the steering wheel. The revolver was reported stolen. When moving to dismiss the charge, defendant argued the State did not prove he knew the gun was stolen; the trial court denied the motion and defendant was convicted.

Taking up defendant’s arguments, the Court of Appeals looked to a line of cases holding that “a defendant’s knowledge of property being stolen . . . may be evinced by incriminating circumstances.” Slip Op. at 7. Here, defendant fled from officers, hid his gun in a special compartment in the vehicle, and denied having a gun when asked directly by the officers. The court concluded these facts represented incriminating circumstances that were substantial evidence defendant knew the gun was stolen.

Judge Murphy dissented, disagreeing with the majority’s conclusion that the State met its burden of proving defendant knew or had reasonable grounds to believe the gun was stolen.