Commonwealth v. Romero

The defendant, Eric Romero, was convicted of carrying a firearm without a license in violation of G. L. c. 269, § 10 {a), based on a theory of constructive possession. On appeal, he asserts that the Commonwealth failed to present evidence sufficient to establish as a matter of law that he had *649(1) knowledge of the firearm’s presence in his vehicle, (2) the ability to exercise control over the weapon, and (3) the intent to do so. He also argues that the evidence on these points is susceptible to “equal and inconsistent” inferences and choosing between them amounts to impermissible conjecture.…