White v. State, 2014 Ark. App. 587

Officers went to Travis L. White’s residence on information a stolen pistol and a lawn mower might be there; White consented to a search.
A 9mm firearm in a holster, a box of matching 9mm ammunition, and White’s wallet were found in his aunt’s Ford F-150; the gun was under the center fold-down console and partially visible through the passenger window.
White and others were in the house when officers arrived; White had driven the truck earlier that morning; others had access to the vehicle and a prescription bottle belonging to another person was found in the truck.
White was arrested for felon in possession, Mirandized, and gave a statement admitting he had driven the truck but denying ownership or knowledge of the gun.
At a bench trial, the circuit court convicted White; it sentenced him to 72 months’ probation. White moved to dismiss (sufficiency challenge) and appealed, arguing the circumstantial evidence did not exclude other reasonable hypotheses of innocence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency to prove constructive possession of firearm	White: Evidence does not exclude other reasonable hypotheses; others had access, no fingerprints, unclear when gun was placed, cousin initially claimed ownership	State: Gun was in plain view under console, near White’s wallet and ammunition; White regularly drove vehicle and had control over it	Court: Evidence was sufficient to prove constructive possession; affirmed conviction

Argo v. State, 53 Ark. App. 103, 920 S.W.2d 18 (constructive-possession can be implied where contraband is in a place immediately and exclusively accessible to accused)
Williams v. State, 94 Ark. App. 440, 236 S.W.3d 519 (reversal where gun found in jointly occupied apartment lacked connecting evidence to defendant)
Barron-Gonzalez v. State, 2013 Ark. App. 120, 426 S.W.3d 508 (standards for sufficiency of circumstantial evidence and fact-finder’s role)