218 N.C. App. 583
N.C. Ct. App.2012Background
- Cox, a felon, was convicted by a jury of possession of a firearm by a felon and possession of marijuana (>0.5 to 1.5 oz).
- DWI checkpoint occurred Oct 30–31, 2009; at ~1:35 a.m., Officer VanLenten observed a white Chevy Impala at a residence driveway with defendant in the front passenger seat.
- Defendant had marijuana on his lap and was seen rolling a marijuana cigarette; marijuana bags were found in the car with two other occupants.
- A .45 revolver was found in the grass near the driver’s door; another revolver was found in the car at a passenger’s feet; the gun recovered from the grass was stolen from Sumter, GA.
- Defendant, White, and Deangelo Cox were detained for possession of a stolen firearm and marijuana; Miranda warnings were given and waivers occurred; defendant allegedly claimed ownership of the revolver.
- Defendant was convicted of felony firearm possession and misdemeanor marijuana possession; the firearm conviction was later appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for firearm possession | Cox constructed possession via confession and proximity to gun in car. | Confession alone is insufficient; corpus delicti requires corroboration. | Trial court erred; insufficient evidence to prove possession by felon. |
| Admission of marijuana identification by officers | Officers’ visual identification admissible based on experience. | Lacked expert chemical analysis; not proper lay testimony. | No error; lay testimony identifying marijuana admissible. |
| Corpus delicti rule application | Confession can sustain conviction with independent corroboration. | No independent proof tying gun to defendant beyond confession. | Requires corroborating independent evidence; not satisfied here. |
Key Cases Cited
- State v. Cross, 345 N.C. 713 (N.C. 1997) (substantial evidence required for each element and perpetrator)
- State v. Anderson, 181 N.C. App. 655 (N.C. App. 2007) (view evidence in State's favor when ruling on sufficiency)
- State v. Alston, 131 N.C. App. 514 (N.C. App. 1998) (constructive possession principles)
- State v. Clark, 159 N.C. App. 520 (N.C. App. 2003) (mere presence in proximity not enough for constructive possession)
- State v. Smith, 362 N.C. 583 (N.C. 2008) (corpus delicti rule requires aliunde evidence to corroborate confession)
- Parker v. California, 315 N.C. 222 (N.C. 1985) (corroboration needed to sustain confession absent independent proof)
- State v. Trexler, 316 N.C. 528 (N.C. 1986) (expanded corpus delicti rule with substantial corroboration)