State v. Perry, 222 N.C. App. 813 (Sept. 18, 2012)

Based on the circumstances of this felon in possession case, the trial court’s failure to further inquire into and answer the jury’s questions regarding constructive possession of the gun constituted plain error. The circumstances included the fact that the jury was instructed on actual possession even though the State had argued to the jury that there was no evidence of actual possession and that the jury was instructed on constructive possession when no evidence supported such an instruction.