State v. Jones, COA23-1062, ___ N.C. App. ___ (Aug. 6, 2024)

In this Cleveland County case, defendant appealed his conviction for possession of a firearm by a felon, possession of a weapon of mass destruction, and possession of methamphetamine, arguing error in (1) allowing cross-examination on his previously-conceded felony conviction and (2) denying defendant’s motion to dismiss for insufficient evidence. The Court of Appeals found no error.

Defendant’s girlfriend reported to law enforcement in January of 2022 that defendant had guns in his house. After obtaining a search warrant, law enforcement found guns and methamphetamine in defendant’s bedroom. At trial, defendant objected to the cross-examination of one of his witnesses, his mother, about defendant’s prior conviction for possession of a firearm by a felon. Defendant had previously conceded that he was a felony, hoping to avoid having the jury hear he had a previous conviction for possession of a firearm by a felon. The trial court allowed the cross-examination and the State questioned defendant’s mother about his prior guilty plea to possession of a firearm by a felon, which she was in the courtroom to witness. 

Taking up (1), the Court of Appeals explained that the evidence that defendant had previously pleaded guilty to possessing a firearm was relevant to impeach his mother’s credibility, as she had testified that she had never known him to possess a gun. Even though the evidence may have had some prejudicial effect, the court could not find abuse of discretion by the trial court in admitting the evidence here.

Moving to (2), defendant’s argued lack of evidence that he constructively possessed the meth found in his bedroom, as others visited the trailer where he lived. The court disagreed, noting that he owned the trailer, that scales and other paraphernalia were found with the meth, and that a jailhouse phone call referenced “that the officers probably ‘found something on that mirror.’” Slip Op.at 7.