State v. Bracey

No. 32A25 (N.C. Dec. 12, 2025) · Supreme Court of North Carolina · December 12, 2025 · No. No. 32A25

Summary

The Supreme Court of North Carolina affirmed the Court of Appeals’ decision upholding the denial of Mack Vernon Bracey’s motion to dismiss a charge of possession of a stolen firearm. The court held that evidence of Bracey’s flight from police, concealment of the firearm, and denial that he possessed a gun was substantial evidence from which a rational juror could infer that he knew or had reasonable grounds to believe the firearm was stolen. Justice Earls dissented, joined by Justice Riggs, concluding that the evidence more directly supported knowledge of unlawful firearm possession by a felon than knowledge that the firearm was stolen.

Holdings

  1. The State presented substantial evidence from which a rational juror could infer that defendant knew or had reasonable grounds to believe that the firearm was stolen.
  2. The trial court properly denied defendant's motion to dismiss because substantial evidence supported the possession-of-a-stolen-firearm charge.

Questions Presented

  1. Whether the State presented substantial evidence that defendant knew or had reasonable grounds to believe that the firearm in his possession was stolen, as required for felony possession of a stolen firearm.

Disposition

affirmed

Cases Cited (29)

  • State v. Bracey, 297 N.C. App. 136 (2024)(affirmed)
  • State v. Winkler, 368 N.C. 572(followed)
  • State v. Mann, 355 N.C. 294(followed)
  • State v. Crockett, 368 N.C. 717(followed)
  • State v. Blagg, 377 N.C. 482(followed)
  • State v. Earnhardt, 307 N.C. 62(followed)
  • State v. Powell, 299 N.C. 95(followed)
  • State v. Fritsch, 351 N.C. 373(followed)
  • State v. Barnes, 334 N.C. 67(followed)
  • State v. Dover, 381 N.C. 535(followed)

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Cited In (0)

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