State v. Bailey

HUNTER, Robert C., Judge.

Defendant Shawn Bailey appeals the judgment entered after a jury convicted him of possession of a firearm by a convicted felon. On appeal, defendant argues that the trial court erred in denying his motion to dismiss for insufficiency of the evidence.

After careful review, because the State failed to produce circumstantial evidence that defendant constructively possessed the firearm, we reverse the order denying his motion to dismiss.

Background

On 25 November 2011, Deputy Dustin Harris (“Deputy Harris”) and Deputy Adam Norris (“Deputy Norris”) of the Person County…