Grim v. State

Summary

The Indiana Court of Appeals reviewed Michael A. Grim's challenge to the sufficiency of the evidence supporting convictions for carrying a handgun without a license, possession of methamphetamine, possession of chemical precursors with intent to manufacture, possession of paraphernalia, and unlawful use of a police radio. The court affirmed the handgun and police-radio convictions but reversed the convictions involving narcotics, chemical precursors, and paraphernalia because the evidence was insufficient to establish the required constructive possession or recklessness elements. The case was remanded with instructions to vacate the reversed convictions.

Holdings

1. Constructive possession may support a conviction for carrying a handgun in a vehicle. The State must prove that a handgun was in the vehicle, that the defendant had control of the weapon or vehicle with knowledge of the weapon's presence, and that the defendant intended to convey or transport the weapon. The evidence was sufficient because two handguns were beneath the passenger seat where Grim had been sitting, one was visibly protruding, and ammunition was in plain view.
2. The evidence was insufficient to prove that Grim constructively possessed the methamphetamine found in a concealed waistband carrying case beneath the passenger seat.
3. The evidence was insufficient to prove that Grim constructively possessed two or more chemical reagents or precursors with intent to manufacture methamphetamine.
4. The evidence was insufficient to prove the required reckless culpability for possession of paraphernalia, even though the evidence showed that Grim knew of and could control the glass pipe.
5. For a person not within an exception in Indiana Code section 35-44-3-12(b), the State need prove only knowing or intentional possession of a police radio under subsection (a)(1); it need not prove that the radio was possessed while committing a crime, to further a crime, or to avoid detection.
6. The evidence was sufficient to establish that Grim constructively possessed the police radio.

Questions Presented

1. Whether sufficient evidence supported Grim's conviction for carrying a handgun without a license when the handguns were found under the passenger seat and the State relied on constructive possession.
2. Whether sufficient evidence established that Grim constructively possessed methamphetamine concealed in a waistband carrying case.
3. Whether sufficient evidence established that Grim constructively possessed at least two chemical reagents or precursors with intent to manufacture methamphetamine.
4. Whether sufficient evidence established the reckless possession element of possession of paraphernalia.
5. Whether Indiana Code section 35-44-3-12 required the State to prove that Grim possessed a police radio while committing, furthering, or avoiding detection of a crime.
6. Whether sufficient evidence established that Grim constructively possessed a police radio.

Disposition

reversed_and_remanded