State v. Brokenberry, 942 So.2d 1209 (La.App. 2d Cir. 2006); State v. Culp, 17 So.3d 429 (La.App. 2d Cir. 2009). State v. Law, 46 So.3d 764, 770 (La.App. 2d Cir. 8/11/10); State v. Jamerson, 1 So.3d 827 (La.App. 2d Cir. 1/14/09).
General intent also may be proved through either actual or constructive possession of a firearm. State v. Law, 46 So.3d 764, 770 (La. App. 2d Cir. 2010); State v. Jamerson, 1 So.3d 827 (La. App. 2d Cir. 2009). Actual possession of a firearm also is not necessary to prove the possession element of La. Rev. Stat. § 14:95.1.
The general intent to commit the offense of possession of a firearm by a convicted felon may be proved through the actual possession of the firearm or through the constructive possession of the firearm. State v. Law, 45,435 (La.App. 2 Cir. 8/11/10), 46 So.3d 764. For purposes of the offense of possession of a firearm by a convicted felon, whether the proof is sufficient to establish possession turns on the facts of each case. Id.
Courts have generally found evidence of constructive possession when a gun is found in an area customarily occupied by the defendant. State v. Law, 45,435 (La. App. 2 Cir. 8/11/10), 46 So.3d 764; State v. Johnson, 11-238 (La. App. 5 Cir. 12/28/11 83 So.3d 1075. See State v. Mose, 412 So.2d 584 (La. 1982) (gun located in the defendant’s bedroom was sufficient for constructive possession); State v. Mickel, 09-953 (La. App. 5 Cir. 5/11/10), 41 So.3d 532, unit denied, 2010-1357 (La. 1/7/11), 52 So.3d 885 (gun was under the defendant’s dominion and control because it was found in a shoe box underneath the bed where he customarily slept); State v. Roundtree, 44,817 (La. App. 2 Cir. 3/3/10), 41 So.3d 512 (the defendant was in constructive possession of a gun found protruding from between the mattress and box spring of the bed in which the defendant had been sleeping; the defendant’s girlfriend’s testimony that she owned the gun and that 13the defendant had no knowledge of the gun was unconvincing); State v. Drake, 45,172 (La. App. 2 Cir. 5/19/10), 37 So.3d 582, writ denied, 2010-1468 (La. 1/14/11), 52 So.3d 899 (evidence was sufficient for constructive possession when weapons were f
In State v. Law, 45,435 (La.App. 2 Cir. 8/11/10), 46 So.3d 764, 770, we explained: The general intent to commit the offense of possession of a firearm by a convicted felon may be proved through the actual possession of the firearm or through the constructive possession of the firearm.
A defendant's dominion and control over a weapon constitutes constructive possession even if it is only temporary in nature or the control is shared. State v. Law , 45,435 (La. App. 2 Cir. 8/11/10), 46 So. 3d 764 ; State v. Hill , supra . However, mere presence of a defendant in the area of the contraband or other evidence seized alone does not prove that he exercised dominion and control over the evidence and therefore had it in his constructive possession.
Courts routinely find construction when a gun is found in an area customarily occupied by the defendant. State v. Law , 45,435 (La. App. 2 Cir. 8/11/10), 46 So. 3d 764 ; State v. Johnson , 11-238 (La. App. 5 Cir. 12/28/11), 83 So. 3d 1075. SeeState v. Mose , 412 So. 2d 584 (La. 1982) (gun located in the defendant's bedroom was sufficient for constructive possession); State v. Mickel , 09-953 (La. App. 5 Cir. 5/11/10), 41 So. 3d 532, writ denied , 10-1357 (La. 1/7/11), 52 So. 3d 885 (gun was under the defendant's dominion and control because it was found in a shoebox underneath the bed where he customarily slept); State v. Roundtree , 44,817 (La. App. 2 Cir. 3/3/10), 41 So. 3d 512 (the defendant was in constructive possession of a gun found protruding from between the mattress and box spring of the bed in which the defendant had been sleeping; the defendant's girlfriend's testimony that she owned the gun and that the defendant had no knowledge of the gun was unconvincing); State v. Drake , 45,172 (La. App. 2 Cir. 5/19/10), 37 So. 3d 582, writ denied , 10-1468 (La. 1/14/11), 52 So. 3d 899 (evidence was sufficient for constructive possession when weapo
To support a conviction for possession of a firearm by a convicted felon, the state must prove: (1) the possession of a firearm; (2) a previous conviction of an enumerated felony; (3) absence of the 10-year statutory period of limitation; and (4) general intent to commit the offense. State v. Castor , 50,512 (La. App. 2 Cir. 04/13/16), 194 So. 3d 668, 672 ; State v. Law , 45,435 (La. App. 2 Cir. 08/11/10), 46 So. 3d 764, 770. La. R.S. 14:95.1(B) provides, in pertinent part, that the sentencing range for possession of a firearm or carrying a concealed weapon by a convicted felon shall be imprisonment at hard labor for not less than five nor more than twenty years without the benefit of probation, parole, or suspension of sentence and a fine of not less than one thousand dollars nor more than five thousand dollars.
In State v. Castor , 50,512 (La. App. 2 Cir. 4/13/16), 194 So.3d 668, this court stated that to support a conviction for possession of a firearm by a convicted felon, the state must prove: (1) the possession of a firearm; (2) a previous conviction of an enumerated felony; (3) absence of the 10-year statutory period of limitation; and (4) general intent to commit the offense. CitingState v. Law , 45,435 (La. App. 2 Cir. 8/11/10), 46 So.3d 764. This court also stated:Absence of the 10-year prescriptive period is an essential element of the offense.
Courts have generally found evidence of constructive possession when a gun is found in an area customarily occupied by the defendant. State v. Law , 45,435 (La. App. 2 Cir. 8/11/10), 46 So.3d 764 ; State v. Johnson , 11-238 (La. App. 5 Cir. 12/28/11), 83 So.3d 1075. See State v. Mose , 412 So.2d 584 (La. 1982) (gun located in the defendant's bedroom was sufficient for constructive possession); State v. Mickel , 09-953 (La. App. 5 Cir. 5/11/10), 41 So.3d 532, writ denied , 2010-1357 (La. 1/7/11), 52 So.3d 885 (gun was under the defendant's dominion and control because it was found in a shoe box underneath the bed where he customarily slept); State v. Roundtree , 44,817 (La. App. 2 Cir. 3/3/10), 41 So.3d 512 (the defendant was in constructive possession of a gun found protruding from between the mattress and box spring of the bed in which the defendant had been sleeping; the defendant's girlfriend's testimony that she owned the gun and that the defendant had no knowledge of the gun was unconvincing); State v. Drake , 45,172 (La. App. 2 Cir. 5/19/10), 37 So.3d 582, writ denied , 2010-1468 (La. 1/14/11), 52 So.3d 899 (evidence was sufficient for constructive possession when weapo