State v. ALVARDO

STATE OF NORTH CAROLINA

v.

ALFREDO ALVARDO.

No. COA09-428.

Court of Appeals of North Carolina.

Filed: January 19, 2010.

This case not for publication

Attorney General, Roy Cooper, by Assistant Attorney General Scott K. Beaver, for the State.

Thomas R. Sallenger, for Defendant Appellant.

WYNN, Judge.

In cases where a defendant lacks exclusive control over an area in which narcotics are found, the State must show other incriminating circumstances before constructive possession may be inferred.[1] Here, Defendant contends that the trial court erroneously failed to dismiss drug trafficking charges because…