Com. v. Nelson, T.
Com. v. Nelson, T. No. 1113 EDA 2016
| Pa. Super. Ct. | Jun 28, 2017Background
- On March 2, 2015, Philadelphia officers stopped a vehicle driven by Terrell Nelson after a radio description; the vehicle had darkly tinted windows and was registered to Robert McGee.
- Nelson exited the vehicle, answered officers' questions, and consented to a search of the vehicle.
- Officer Brown opened the vehicle’s center console and found a loaded black-and-silver firearm; shortly after, Brown told Davis to handcuff Nelson, and Nelson fled but was captured nearby.
- Police obtained a warrant, seized the loaded firearm (11 rounds) and cocaine from the vehicle; laboratory and non-licensure certificates were introduced at trial.
- Nelson was convicted following a bench trial of carrying a firearm without a license, carrying firearms on public streets in Philadelphia, and possession of a controlled substance; he appealed only the sufficiency of the firearm convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for firearm convictions (constructive possession) | Commonwealth: totality of circumstances (Nelson sole occupant, fled upon discovery) supports constructive possession | Nelson: mere presence in a vehicle he did not own, gun found in closed center console; no actual possession or proof of knowledge/control | Affirmed: evidence sufficient for constructive possession based on consciousness of guilt (flight), sole occupancy, consent to search, and reasonable inferences under the totality of circumstances |
Key Cases Cited
- Commonwealth v. Harden, 103 A.3d 107 (Pa. Super. 2014) (standard for reviewing sufficiency of evidence)
- Commonwealth v. Vargas, 108 A.3d 858 (Pa. Super. 2014) (definition of actual possession)
- Commonwealth v. Parker, 847 A.2d 745 (Pa. Super. 2004) (constructive possession as conscious dominion; totality of circumstances)
- Commonwealth v. Cruz, 21 A.3d 1247 (Pa. Super. 2011) (sole occupant and flight support constructive possession)
- Commonwealth v. Hargrave, 745 A.2d 20 (Pa. Super. 2000) (flight as evidence of consciousness of guilt)
- Commonwealth v. Chenet, 373 A.2d 1107 (Pa. 1977) (distinguished: refusal to consent and drugs in console held insufficient for constructive possession)