Doubleday v. State

138 S.W.3d 112, 84 Ark. App. 194
CourtCourt of Appeals of Arkansas
DecidedDecember 10, 2003
DocketCA CR 03-328
StatusPublished
Cited by10 cases

This text of 138 S.W.3d 112 (Doubleday v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doubleday v. State, 138 S.W.3d 112, 84 Ark. App. 194 (Ark. Ct. App. 2003).

Opinions

Olly Neal, Judge.

Appellant was charged and convicted of theft by receiving. He was sentenced by the trial court to five years’ probation. On appeal, appellant argues that the trial court erred because the State failed to prove that the trailer in question was actually that of the victim and that appellant possessed the trailer knowing it was stolen or having good reason to believe that it was stolen. We affirm.

In 1996, Lonnie Allen purchased a white utility trailer manufactured by Wells Cargo for approximately $4,500 in Mt. Pleasant, Texas. The trailer was registered with the Arkansas Department of Finance and Administration Office of Motor Vehicles on May 21, 1997, and its Motor or Vehicle Identification Number (VIN) is 1WC200F25T2030005. Allen reported the trailer stolen on August 13, 1999.

In his report to Officer Murphy Taylor of the Fairfield Bay Police Department, Allen described his utility trailer as having several identifying marks, including a “bubble” on the front of it and a dent in the top where he had “hit it with [his] Bobcat several months before it was stolen.” Further, Allen noted that he had made several alterations to his trailer that would help him in identifying it. Those alterations included drill holes in specific places for wiring of the emergency brakes and drill holes for a nose cone over the tongue .of the trailer and a tool box.

While on patrol on October 10, 2000, Officer Taylor noticed a trailer at a construction site where Norman McElroy was building a house. He saw that the trailer had a “bubble on it,” and was painted a “dingy, grayish looking black.” Taylor also noticed that there was a “factory-baked type white” on the trailer. Taylor decided to investigate the trailer after determining that the trailer looked strange because the colors “did not go together.” He noticed holes in the tongue and observed a single door on the trailer, which he found unique since most had double doors. Taylor ran the license plate, which was registered to appellant. The plate, however, was for a 1999 homemade black utility trailer. The vehicle identification number he discovered on the tongue came back “nonexistent,” meaning “not in file.” Taylor testified that he had enough suspicion about the trailer that he contacted the police department and requested Allen’s presence. At the site, Allen identified the trailer as his. Thereafter, appellant was linked to the trailer and charged with it theft by receiving. This appeal followed appellant’s subsequent conviction.

A directed-verdict motion is a challenge to the sufficiency of the evidence. Slater v. State, 76 Ark. App. 365, 65 S.W.3d 481 (2002). Where the issue is sufficiency of the evidence in a criminal case, the test is whether there is substantial evidence to support the verdict. See Austin v. State, 26 Ark. App. 70, 760 S.W.2d 76 (1988). Substantial evidence, whether direct or circumstantial, must be of sufficient force and character that it will, with reasonable and material certainty and precision, compel a conclusion one way or the other; it must force or induce the mind to pass beyond suspicion or conjecture. Ashe v. State, 57 Ark. App. 99, 942 S.W.2d 267 (1997).

In determining the sufficiency of the evidence, it is necessary to ascertain only the evidence favorable to the State, and it is permissible to consider only that testimony that supports a verdict of guilt, without weighing it against other evidence favorable to the accused. See id. Circumstantial evidence may constitute substantial evidence; when circumstantial evidence alone is relied upon, it must indicate the accused’s guilt and exclude every other reasonable hypothesis. Lindsey v. State, 68 Ark. App. 70, 3 S.W.3d 346 (1999). Once the evidence is determined to be sufficient to go to the fact-finder, the question of whether the circumstantial evidence excludes any other hypothesis consistent with innocence is for the fact-finder to decide. Ashe v. State, supra.

On review, it is the appellate court’s job to determine if the evidence excludes every other reasonable hypothesis; it is only when circumstantial evidence leaves the finder of fact solely to speculation and conjecture that it is insufficient as a matter of law. Lindsey v. State, supra. Resolution of conflicts in testimony and assessment of witness credibility is for the fact-finder. Slater v. State, supra.

“A person commits the offense of theft by receiving if he receives, retains, or disposes of stolen property of another person, knowing that it was stolen or having good reason to believe it was stolen.” Ark. Code Ann. § 5-36-106(a) (Supp. 2003); Slater v. State, supra. “Receives” means acquiring possession, control, or title to the property or using the property as security. Ark. Code Ann. § 5-36-106(b) (Supp. 2003); Smith v. State, 34 Ark. App. 150, 806 S.W.2d 391 (1991). The unexplained possession or control by a person of recently stolen property or the acquisition by a person of property for a consideration known to be far below its reasonable value shall give rise to a presumption that he knows or believes that the property was stolen. Ark. Code Ann. § 5-36-106(c) (Supp. 2003).

Proof of actual possession is not necessary in order to establish theft by receiving; proof of constructive possession will suffice. Smith v. State, supra. A person constructively. possesses property when he has the power and intent to control it. Id. A person may be found guilty of theft by receiving if he is knowingly in possession of stolen property, even without proof that he took the property himself or acquired it from the actual thief. Slater v. State, supra; Fortson v. State, 66 Ark. App. 225, 989 S.W.2d 553 (1999).

Relying on King v. State, 250 Ark. 523, 465 S.W.2d 712 (1971), appellant first asserts that, in order to convict him, the State must prove that the trailer belonged to Allen. However, as the State points out, King involved a possession of stolen property charge, a crime which involved an intent to deprive the true owner of the property.1 In order to prove theft by receiving, the State does not have to prove a defendant intended to deprive the “true owner” of the property as was required to sustain a conviction for possession of stolen property. Thus, appellant’s reliance on King is misplaced. The State is only required to prove that appellant received, retained, or disposed of this trailer, which was owned by someone other than appellant, knowing it was stolen or having good reason to believe that it was stolen.

The State adequately met its burden in showing that this particular trailer had been stolen and that it belonged to Allen. That evidence included Allen’s testimony that the trailer was in fact his and the identifying marks of Allen’s trailer, such as the “bubble,” the dent in the top of the trailer, the nose cone, and the drill holes found where Allen said they would be.2

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Doubleday v. State
138 S.W.3d 112 (Court of Appeals of Arkansas, 2003)

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Bluebook (online)
138 S.W.3d 112, 84 Ark. App. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doubleday-v-state-arkctapp-2003.