Case Summaries: N.C. Court of Appeals (Dec. 17, 2024)

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on December 17, 2024. These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. Incriminating circumstances supported conviction for possession of stolen firearm. 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 [...]