California, United States of America
The following excerpt is from People v. Davis, A145494 (Cal. App. 2017):
have drawn from the circumstantial evidence," so long as that inference is not " ' " 'based on suspicion alone, or on imagination, speculation, supposition, surmise conjecture, or guesswork.' " ' " (People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1417 (Sifuentes).) We review the trial court's ruling that substantial evidence supported appellant's conviction of being an ex-felon in possession of a firearm for an abuse of discretion. (See People v. Navarette (2003) 30 Cal.4th 458, 526.)
Possession, for purposes of being an ex-felon in possession of a firearm pursuant to 29800, subd. (a)(1))2 "may be physical or constructive, and more than one person may possess the same contraband. [Citation.] Possession may be imputed when the contraband is found in a place which is immediately accessible to the joint dominion and control of the accused and another. [Citations.]" (People v. Miranda (2011) 192 Cal.App.4th 398, 410 (Miranda).) Constructive possession can be established by circumstantial evidence and the reasonable inferences drawn therefrom. (See id. at p. 411.) However, "mere proximity to the weapon, standing alone, is not sufficient evidence of possession. [Citation.]" (Sifuentes, supra, 195 Cal.App.4th at p. 1417.)
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