California, United States of America
The following excerpt is from People v. Velasquez, B248580 (Cal. App. 2015):
7. As appellant's convictions could be based on a jury's findings of actual possession of the firearms, we need not address whether the evidence was sufficient to sustain a conviction solely on the basis of constructive possession. However, we note that appellant did actually use the firearms. (Cf. People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1415 [where a "'gang gun'" was not on appellant's person but located in mattress nearby, evidence was insufficient to show constructive possession, because no evidence was presented that appellant had a right to control the firearm].)
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