California, United States of America
The following excerpt is from People v. Hughes, F061613 (Cal. App. 2013):
We have reviewed and find inapplicable the decisions appellant cites in support of his argument there was insufficient evidence he had constructive possession of the 30/30 rifle. (See People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1417-1418 [gun found under mattress in motel room where defendant and another gang member were present]; see also People v. Johnson (1984) 158 Cal.App.3d 850 854 [bottles of PCP found hidden in kitchen ceiling at house where defendant and others present].) These decisions do not address the issue here; i.e., whether the corpus delicti of the offense was sufficiently established by evidence other than the defendant's statements. It might very well be that the evidence of constructive possession in this case would have been insufficient by itself to support a conviction for being a felon in possession of a firearm. However, as discussed above, the showing necessary to establish the corpus delicti of an offense need only be slight. The trial court correctly concluded that, although the evidence of constructive possession was not overwhelming, it was sufficient for purposes of establishing the corpus delicti of the offense of being a felon in possession of a firearm.
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