State v. Norris, COA23-889, ___ N.C. App. ___ (Jun. 18, 2024)

In this Rutherford County case, defendant appealed his conviction for possession of a firearm by a felon, arguing error in denying his motion to dismiss for insufficient evidence. The Court of Appeals agreed, reversing the denial and remanding to the trial court for dismissal. 

In July of 2020, law enforcement officers approached the house where defendant’s girlfriend and her children resided to execute a search warrant against defendant for a different charge not relevant to the current case. During a search of the house, officers found a firearm in the bedroom, in a dresser drawer containing the girlfriend’s personal items and feminine products. At trial, the State argued that defendant was a co-occupant of the bedroom and that he constructively possessed the firearm, as no evidence showed defendant physically possessing the firearm. 

Taking up defendant’s argument, the Court of Appeals explained the body of law around constructive possession where the defendant does not have exclusive control over the location. When a defendant does not have exclusive control, “the State is required to show other incriminating circumstances in order to establish constructive possession.” Slip Op. at 6, quoting State v. Taylor, 203 N.C. App. 448, 459 (2020). Here, the court could not find sufficient incriminating circumstances in the State’s evidence, concluding no evidence of “ownership, registration, fingerprints, DNA, nor any other evidence ties Defendant to the gun, which [his girlfriend] asserted belonged to her, was located inside a closed drawer, was found with her other property, and was found in a closed drawer in her bedroom located inside the home she rents.” Id. at 10.