Opinion · Supreme Court of North Carolina

State v. Miller

363 N.C. 96

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
2009-03-20
Topic
general

explaining that proximity and indicia of control are two factors frequently considered in this analysis | noting that while defendant near cocaine, "[t]he only other individual in the room was not near any of the cocaine" | noting that while defendant near cocaine, “[t]he only other individual in the room was not near any of the cocaine” | holding that “so long as the evidence supports a reasonable inference of the defendant’s guilt, a motion to dismiss is properly denied even though the evidence also ‘permits a reasonable inference of the defendant’s innocence.’ ” (quoting Butler, 356 N.C. at 145) | holding that “so long as the evidence supports a reasonable inference of the defendant’s guilt, a motion to dismiss is properly denied even though the evidence also ‘permits a reasonable inference of the defendant’s innocence.’ ” (quoting Butler, 356 N.C. at 145) | stating that “evidence unfavorable to the State is not considered” (citing State v. Parker, 354 N.C. 268, 278, 553 S.E.2d 885, 894 (2001), cert. denied, 535 U.S. 1114 (2002)) | observing that defendant, when ordered by police officers to get on the floor, "slid to the floor" where he was then "within reach" of package containing cocaine | observing that defendant, when ordered by police officers to get on the floor, “slid to the floor” where he was then “within reach” of package containing cocaine | stating that "evidence unfavorable to the State is not considered" (citing State v. Parker , 354 N.C. 268 , 278, 553 S.E.2d 885 , 894 (2001), cert. denied , 535 U.S. 1114 , 122 S.Ct. 2332 , 153 L.Ed.2d 162 (2002) ) | finding sufficient evidence where defendant previously sat on the bed under which officers found cocaine far removed from other individuals | noting, in holding evidence was sufficient to support finding of constructive possession, that, "[w]hen first seen, defendant was sitting on the same end of the bed where cocaine was recovered" (emphasis added) | noting, in holding evidence was sufficient to support finding of constructive possession, that, “[w]hen first seen, defendant was sitting on the same end of the bed where cocaine was recovered” (emphasis added) | "Our cases addressing constructive possession have tended to turn on the specific facts presented." | “Unless a defendant has exclusive possession of the place where the contraband is found, the State must show other incriminating circumstances sufficient for the jury to find a defendant had constructive possession” | “power to control either alone or jointly with others”

Citator

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