Kimble v. State, 2016 Ark. App. 99

On April 15–16, 2014, police responded to Jonnie Simpson’s home after an altercation; Simpson told officers her husband, Travis Kimble, had taken her gun and showed an empty gun case listing the firearm’s make, model, and serial number.
A description of Kimble was broadcast to officers; Officer Ken Eubanks later spotted a man matching the description walking in Morrilton on April 16.
Eubanks observed Kimble turn and walk away, then saw him drop a black object from his right hand; officers stopped Kimble and recovered a handgun at the drop site.
The handgun was verified by serial number to be Simpson’s missing firearm.
Kimble was charged and convicted of possession of a firearm by a felon under Ark. Code Ann. § 5-73-103; he appealed arguing the State failed to prove actual possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove possession of a firearm by a felon	State: constructive possession can be proven by circumstantial evidence linking defendant to the firearm	Kimble: State must prove actual physical possession; gun found nearby is insufficient	Court: Evidence (dropping object and gun found immediately where dropped) supports constructive possession; conviction affirmed

White v. State, 446 S.W.3d 193 (Ark. Ct. App. 2014) (standard for reviewing sufficiency of the evidence; consider evidence in the light most favorable to the State)
Johnson v. State, 444 S.W.3d 880 (Ark. Ct. App. 2014) (constructive possession may be inferred where contraband is found in the immediate vicinity after defendant discarded it)