People v. Rapley

767 N.W.2d 444, 483 Mich. 1131

Opinion

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals and reinstate defendant’s convictions for being a felon in possession of a firearm and for possession of a firearm during the commission of a felony. Where a defendant challenges the sufficiency of the evidence, all reasonable inferences which can be drawn from the evidence must be resolved in favor of the prosecution. People v Nowack, 462 Mich 392 (2000). Even though the firearm was not in plain view in this case, the jury could reasonably have inferred that defendant was in knowing possession of the firearm based on its proximity to a quantity of controlled substances that defendant was intending to deliver, defendant’s proximity to both the weapon and the controlled substances, and the well-known relationship between drug dealing and the use of firearms as protection. Court of Appeals No. 281865.

Kelly, C. J. I would deny leave to appeal.