State v. Pierce, 216 N.C. App. 377 (Oct. 18, 2011)

(1) For purposes of a felon in possession charge, the evidence was insufficient to establish that the defendant possessed a firearm found along the route of his flight by vehicle from an officer. The defendant fled from an officer attempting to make a lawful stop. The officer did not see a firearm thrown from the defendant’s vehicle; the firearm was found along the defendant’s flight route several hours after the chase; the firearm was traced to a dealer in Winston-Salem, where the other two occupants of the defendant’s vehicle lived; and during the investigation a detective came to believe that one of the vehicle’s other occupants owned the firearm. (2) The evidence was sufficient to show that the defendant possessed a shotgun found at his residence. The shotgun was found in the defendant’s closet along with a lockbox containing ammunition that could be used in the shotgun, paychecks with the defendant’s name on them, and the defendant’s parole papers. Also, the defendant’s wife said that the defendant was holding the shotgun for his brother.