Goins v. United States

475 A.2d 362, 1984 D.C. App. LEXIS 313
CourtDistrict of Columbia Court of Appeals
DecidedFebruary 6, 1984
DocketNo. 82-550
StatusPublished
Cited by3 cases

This text of 475 A.2d 362 (Goins v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goins v. United States, 475 A.2d 362, 1984 D.C. App. LEXIS 313 (D.C. 1984).

Opinions

KERN, Associate Judge:

Appellant was charged with six counts of petit larceny, D.C.Code § 22-2202 (1981), based upon the theft of automobiles on six different occasions. The jury convicted him on two counts, acquitted on two counts, and reached no verdict on the remaining two counts.

Appellant argues on appeal that the evidence was insufficient to sustain the convictions. His primary contention on the sufficiency of the evidence is that the jury should not have been instructed that they could infer theft from his possession of recently stolen automobiles. Also, he claims that he was improperly denied a-jury instruction on the defense of abandonment. Finally, appellant argues that the trial judge erroneously excluded, on the basis of hearsay, appellant’s explanation as to his use of an alias name when he delivered the stolen automobiles to the place of business of a scrap metal processor.

The record reflects that a number of old cars disappeared off the city streets in 1980 and 1981. The owner of one car, a 1967 Chrysler, left it in a loading zone on November 3, 1980, after the engine stopped running. The car had current District of Columbia tags and four new tires. The owner found it missing when he returned the next day but did not report it stolen for forty days. The second car was a 1967 Ford Thunderbird which the owner promptly reported as stolen from its parking place in front of her home on February 18, 1981. This car also had District of Columbia tags and was in excellent condition.

Marlene Biggs, an employee of Joseph Smith and Sons, Inc., a scrap metal processor, testified at trial that on March 20, [364]*3641981, appellant delivered these two cars that had been stolen and presented indemnity agreement forms which he signed “John Robinson, Contract Towing.” The vehicle identification numbers appearing on the indemnity forms matched the identification numbers as reported by the two car owners. The indemnity agreement was between the processor and the transferor of the vehicle, appellant. They confirmed that he had title to the vehicles and that he would hold harmless the processor.1 Shortly after delivery of the cars appellant was arrested while driving his flat-bed truck. He presented! a Maryland learner’s permit bearing the name of Edward Dickerson.

Appellant t jstified in his defense that he only removed junk and abandoned cars. He admitted jthat he used the name John Robinson on March 20, 1981, but denied taking any of] the cars in question or signing the particular indemnity forms. He explained that he was using the learner’s permit in thel name of Edward Dickerson because his (jlriver’s license had been revoked for drunk driving.

To show that appellant had stolen these cars the prosecutor relied on the inference that appellanlj was in possession of them. An instruction to that effect was given to the jury. !

First, appeljant argues that the evidence is insufficient to support guilt beyond a reasonable doubt. Primarily, he contends the jury should not have been instructed that it could ijnfer from appellant’s possession of recently stolen automobiles that he had stolen them. Appellant’s contention is that: (1) the inference does not arise because the au «mobiles were not recently stolen; and (2) even if his possession of these two autss does raise an inference of guilt, the jury, should have been instructed not to draw tpe inference if they found he explained his possession satisfactorily.

With regard to the issue whether the cars could be properly deemed “recently stolen”, the record reflects that approximately one month and four and a half months, respectively, had elapsed between the date of the theft and the date appellant was found to be in possession of each of the two stolen automobiles which under-gird his petit larceny convictions. In Fleming v. United States, 310 A.2d 214 (D.C.1973), the defendant was in possession of a car stolen six weeks earlier; and in United States v. Johnson, 140 U.S.App.D.C. 54, 433 F.2d 1160 (1970), the defendant was in possession of a car stolen about nine months earlier. In both cases, the inference of recently stolen property was found to be reasonable for the jury’s use and the appellate courts described recency as relative, based to a large extent on the nature of the property. The appellate courts concluded that whether the automobiles were “recently stolen” is properly left to the jury to decide. Fleming v. United States, supra, 310 A.2d at 218; United States v. Johnson, supra, 140 U.S.App.D.C. at 60 n. 40, 433 F.2d at 1166 n. 40.

In this ease, as in Fleming and Johnson, the jury was appropriately in-fracted that they might, if they saw fit, draw the inference against appellant. They were told that the longer the time interval involved, the more doubtful the inference. We are not persuaded that as a matter of law the jury could not consider as “recently stolen” the possession of automobiles approximately one month and four and a half months after they were stolen. Therefore, we cannot say as a matter of law that it was error for the court to have instructed the jury to apply the inference if it chose to do so upon the evidence presented.

Appellant’s second point is that it was plain error for the court to fail to tell [365]*365the jury that .they should not draw the inference of guilt from possession of recently stolen property if they find the possession to be satisfactorily explained. However, appellant chose to deny possession of the stolen autos altogether rather than seek to explain his possession of them. Under these circumstances the court was not bound, sua sponte, to caution the jury specifically to consider testimony by appellant that he generally only towed old, badly damaged cars.

Moreover, “the propriety of the trial court’s instructions is to be determined from the whole of the charge, rather than through scrutiny of isolated sentences or passages.” Charles v. United States, 371 A.2d 404, 408 (D.C.1977). As we noted above, the trial judge made it clear to the jurors in his charge that they were not required to draw the inference of theft from appellant’s possession of recently stolen autos and that the burden of proof of larceny charged remained with the government. We find that the instructions in the court’s charge were sufficient to guide the jury as to the proper scope of its responsibility.2

Next, appellant argues that because he testified that he picked up only old and badly damaged cars and because of the lapse of time between the disappearance of the cars and the day they were sold to a scrap processor he was entitled to a jury instruction on abandonment. We find that appellant did not lay a foundation that would call for an abandoned property instruction to the jury. We note that “abandonment is an ultimate fact or conclusion based generally upon a combination of act and an intent to abandon.” Peyton v. United States, 275 A.2d 229, 230 (D.C. 1971), citing Friedman v. United States,

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Bluebook (online)
475 A.2d 362, 1984 D.C. App. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goins-v-united-states-dc-1984.