State v. Gonsalves

GOULD, Judge.

¶ 1 In this opinion, we address whether a defendant may be found in constructive possession of a firearm, and therefore guilty of misconduct involving weapons pursuant to Arizona Revised Statutes (“A.R.S.”) Section 13-3102(A)(4),1 when an accomplice maintains exclusive possession of the firearm during the commission of an offense. We conclude a defendant may be found in constructive possession of a firearm under such circumstances if there is sufficient evidence to show: (1) the defendant has actual knowledge of the firearm, and (2) the possession, use, or threatened use of the…