Com. v. Savage, O., Com. v. Savage, O. No. 2151 EDA 2016

Police stopped a gray Nissan Altima for illegal window tint; Ode Savage was driving and an unidentified front-passenger fled on foot.
During the stop Savage opened the center console to produce documents; Officer Starks saw packets of heroin in the console.
An investigative sweep located a black revolver on the floor immediately behind the front passenger seat, with the handle exposed and reportedly within the driver’s arm’s reach.
Records showed Savage lacked a firearms license and had a prior conviction that made firearm possession prohibited; the firearm was operable by stipulation.
Savage was convicted after a bench trial of Possession of a Firearm Prohibited, Carrying a Firearm Without a License, Carrying a Firearm on a Public Street in Philadelphia, and Possession of a Controlled Substance; sentenced to an aggregate 4–10 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove constructive possession of firearm	Commonwealth: totality of circumstances — gun found in vehicle within driver’s reach; heroin in console; defendant controlled vehicle; prior conviction and lack of license establish elements	Savage: firearm was in back seat and accessible to fleeing passenger; no proof he knew of or intended to exercise dominion over gun	Court: Evidence sufficient — constructive possession established by totality (gun within arm’s reach, control of vehicle, heroin in console); convictions affirmed

Commonwealth v. Ratsamy, 934 A.2d 1233 (Pa. 2007) (standard for sufficiency review)
Commonwealth v. Mattison, 82 A.3d 386 (Pa. Super. 2013) (sufficiency standard and inferences)
Commonwealth v. Montalvo, 956 A.2d 926 (Pa. 2008) (circumstantial evidence may sustain conviction)
Commonwealth v. Diggs, 949 A.2d 873 (Pa. 2008) (weight of the evidence standard)
Commonwealth v. Newman, 99 A.3d 86 (Pa. Super. 2014) (physical and constructive possession principles)
Commonwealth v. Hanson, 83 A.3d 1023 (Pa. Super. 2013) (constructive possession requires conscious dominion and intent)
Commonwealth v. Macolino, 469 A.2d 132 (Pa. 1983) (constructive possession elements)
Commonwealth v. Hopkins, 67 A.3d 817 (Pa. Super. 2013) (constructive possession where firearm found within arm’s reach of driver)
Commonwealth v. Williams, 911 A.2d 548 (Pa. Super. 2006) (elements for Possession of a Firearm Prohibited)
Commonwealth v. Buford, 101 A.3d 1182 (Pa. Super. 2014) (possession may be proven circumstantially)
Commonwealth v. Coto, 932 A.2d 933 (Pa. Super. 2007) (elements for Carrying a Firearm Without a License)
Commonwealth v. Johnson, 26 A.3d 1078 (Pa. 2011) (constructive possession of controlled substances)