State v. McNair, ___ N.C. App. ___, 799 S.E.2d 631 (Apr. 18, 2017)

The evidence was sufficient to convict the defendant of possession of burglar’s tools. Specifically, there was sufficient evidence that the defendant had constructive possession of a prybar and bolt cutters found at the scene. These tools were found within the fenced in area. Although the defendant was not in exclusive possession of them, there were other incriminating circumstances, including, among other things, that the defendant was found alone inside a privately owned fenced in area at 1 am and was scaling a 10-foot brick wall in an apparent attempt to avoid apprehension.