State v. Best, 214 N.C. App. 39

Van driven by Best stopped shortly after midnight for a supposedly inoperable license plate light; three occupants were in the van.
A loaded Smith & Wesson .38 revolver was found in the van, partially concealed and near the driver's area.
Best admitted ownership of the revolver after initial denial.
Parker testified that Best had previously carried the gun and that Best had been carrying it that day.
Defendant was charged with possession of a firearm by a convicted felon and carrying a concealed weapon, and pled guilty to habitual felon status.
The trial court found nine prior record points (Level IV) and sentenced Best to 107–138 months; verdicts were upheld on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for possession of a firearm by a felon	Best contends the State failed to prove possession	Defense argues insufficiency to show possession	Evidence supported both convictions (possession and concealment)
Ineffective assistance of counsel	No prejudice from belated suppression motion	Counsel's delay prejudiced defense	No reversible error; no prejudice shown
Calculation of prior record level	Use of prior convictions to determine Level IV status	Double-counting the same conviction violates policy	Calculation proper; no double-counting error under raised authorities
Double-counting concern with habitual felon vs. firearm by felon convictions	Possession by felon is separate offense, permitting use for prior record level	Gentry prohibits double-counting	Allowed to use same conviction for guilt and prior record level; no error

State v. Chapman, 359 N.C. 328 (North Carolina Supreme Court, 2005) (sufficiency; standard for reviewing motion to dismiss)
State v. Abshire, 363 N.C. 322 (North Carolina Supreme Court, 2009) (substantial evidence standard; required for sufficiency review)
State v. McNeil, 359 N.C. 800 (North Carolina Supreme Court, 2005) (substantial evidence and possession concepts; review under McNeil)