Motion to Dismiss Charge of Possession With Intent to Sell Drugs
In State v. Autry, the Court affirmed the trial court's denial of a motion to dismiss the defendant's charge of possession with intent to sell or deliver cocaine, where evidence tended to show:
(1) the defendant was found standing in a kitchen with two other people in a residence in which he did not live;
(2) a .25-caliber semi-automatic pistol, four packages containing cocaine, and $ 47.00 in cash were located on a table inside the kitchen;
(3) the table was surrounded by chairs and within arm's reach of the defendant;
(4) the defendant admitted his jacket was hanging on one of the chairs and the $ 47.00 in cash belonged to him. 101 N.C. App. at 252, 399 S.E.2d at 362.
Because the defendant in Autry claimed ownership of two of the four items on the table, this Court concluded the evidence was sufficient for a reasonable mind to infer that the defendant constructively possessed the cocaine, an essential element of the charge of possession with the intent to sell or deliver cocaine. Id. at 252-53, 399 S.E.2d at 362.