State v. RiceÂ
252 N.C. App. 480
| N.C. Ct. App. | 2017Background
- Two stolen handguns were reported: a .9 mm Smith & Wesson (Bryant) and a .380 Kel‑Tec (Boswell), stolen in April–May 2014.
- A van was seen at a burglary scene; witness recorded its plate. Police traced the van to H & J Auto Sales; the renter (Clark) said she had rented it to Trevon Rice and Dezmon Bullock.
- Clark told police Rice paid $35 to rent the van and planned to return it; Rice later called to extend the rental and met Clark at the lot while Bullock remained in the van.
- Police asked for and received consent from Rice, Bullock, and Clark to search the van; during the search officers found the Smith & Wesson under the driver’s seat and the Kel‑Tec under the passenger seat, plus other items.
- Rice claimed ownership of a boxed basketball goal found in the van, then abruptly left the scene, leaving his property behind; he was later arrested and convicted of two counts of possession of stolen goods (firearms).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for constructive possession of the Kel‑Tec and Smith & Wesson | State: circumstantial evidence (control of rented van, items in proximity, admission of other property, flight/nervousness) supports constructive possession | Rice: no exclusive control of the van (Bullock also had access); State failed to show other incriminating circumstances | Court: Denial of dismissal affirmed — evidence sufficient for jury to infer constructive possession |
Key Cases Cited
- State v. Pressley, 235 N.C. App. 613 (discussing motion to dismiss standard)
- State v. Worley, 198 N.C. App. 329 (motion to dismiss—view evidence in light most favorable to State)
- State v. McQueen, 165 N.C. App. 454 (elements of felonious possession of stolen property)
- State v. Miller, 363 N.C. 96 (constructive possession defined as intent and capability to control)
- State v. Phillips, 172 N.C. App. 143 (distinguishing actual and constructive possession)
- State v. Hudson, 206 N.C. App. 482 (other incriminating circumstances required when possession is not exclusive)
- State v. Alston, 193 N.C. App. 712 (list of incriminating circumstances relevant to constructive possession)
- State v. Tirado, 358 N.C. 551 (circumstantial evidence can suffice despite innocent explanations)