UNPUBLISHED

PER CURIAM.

After a jury trial, defendant, Charles Black II, was convicted of being a felon in possession of a firearm (felon-in-possession), MCL 750.224f, possession of less than 25 grams of fentanyl, MCL 333.7403(2)(a)(v), possession of less than 25 grams of cocaine, MCL 333.7403(2)(a)(v), and possession of marijuana, MCL 333.7403(2)(d). Because there are no errors warranting reversal, we affirm.

I. BASIC FACTS

On October 14, 2016, at approximately 11:30 p.m., the Oakland County Sheriff's Office was advised by security personnel that gunshots had been fired in the Spring Lake Village apartment complex. Two police deputies responded and were directed by security personnel to the area where they heard the gunshots. The deputies headed toward the area, where they observed a red Ford Focus with three occupants in the parking lot. Kendrick Johnson was in the driver's seat, Black was in the front passenger seat, and Joseph Conyers was in the backseat passenger seat on the driver's side. The vehicle was not running. As the deputies approached the vehicle, one of them observed a marijuana blunt on Black's lap. The deputies removed the three men from the vehicle and searched them. Relevant to this appeal, Black had marijuana, drug paraphernalia, a small scale, and other substances that were later confirmed to be cocaine and fentanyl in his pockets. In addition, the police located a Ruger 9-millimeter handgun underneath Black's seat, i.e., the front passenger seat. The handgun's magazine was located on the left side of the gun. Black was arrested and charged with a number of offenses related to the gun under his seat and the drugs in his pockets.

II. SUFFICIENCY OF THE EVIDENCE

A. STANDARD OF REVIEW

Black argues that there was insufficient evidence to support his felon-in-possession conviction because a rational jury could not have found that he possessed the gun found underneath his seat. A claim of insufficient evidence is reviewed de novo. People v Solmonson, 261 Mich.App. 657, 661; 683 N.W.2d 761 (2004). The appellate court must "view the evidence in a light most favorable to the prosecution and determine whether any rational trier of fact could have found that the essential elements of the crime were proven beyond a reasonable doubt." People v Wolfe, 440 Mich. 508, 515; 489 N.W.2d 748 (1992), amended 441 Mich. 1201 (1992).

B. ANALYSIS

MCL 750.224f prohibits a person convicted of a felony from possessing a firearm in Michigan unless certain circumstances exist. The only element of this offense that Black disputes is possession. For crimes involving possession elements, possession can be actual or constructive. People v Minch, 493 Mich. 87, 91; 825 N.W.2d 560 (2012). Constructive possession occurs when "the totality of the circumstances indicates a sufficient nexus between defendant and the contraband." Id. at 91-92 (quotation marks and citation omitted). A person constructively possesses an object if he or she "knowingly has the power and the intention at a given time to exercise dominion or control over a thing, either directly or through another person or persons. . . ." Id. at 92 (quotation marks and citation omitted). Constructive possession may be proven by circumstantial evidence. People v Burgenmeyer, 461 Mich. 431, 437; 606 N.W.2d 645 (2000). Constructive possession of a firearm occurs when "there is proximity to the [firearm] together with indicia of control." Id. at 438 (quotation marks and citation omitted).

Black was sitting in the front passenger seat. At trial, one of the deputies testified that the gun found under Black's seat was positioned so that the barrel was facing the backseat while the gun's grip was pointed toward the front passenger door "as if someone put it under their seat." The deputy also stated that the gun was closer to the front of the passenger seat, where a passenger's legs would be, than to the back of the seat, indicating that it was placed there by someone in the front passenger seat rather than from somewhere else in the car. He further testified that he could smell freshly burned gunpowder and that he could tell that the gun had been recently fired, which supports an inference that the gun was placed there recently and had not been left there by someone else without Black's knowledge.

The deputy demonstrated that a right-handed person ejecting a magazine would have the magazine in the left hand and, if placing it and the gun underneath the seat simultaneously, the magazine would end up on the left side of the gun. Additionally, because there was a center console between the front passenger seat and driver's seat that went down to the floor, the gun could not have slid underneath Black's seat from a different location. Although the car did not belong to any of the three occupants, Johnson testified that it belonged to a friend whom he never knew to have a gun. Viewing this evidence in the light most favorable to the prosecution, there was sufficient evidence to support a finding that Black constructively possessed the gun that was found under his seat.

Affirmed.