People v. Negrón Vélez

96 P.R. 408
CourtSupreme Court of Puerto Rico
DecidedJune 28, 1968
DocketNo. CR-67-107
StatusPublished

This text of 96 P.R. 408 (People v. Negrón Vélez) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Negrón Vélez, 96 P.R. 408 (prsupreme 1968).

Opinion

Mr. Justice Ramírez Bages

delivered the opinion of the Court.

Appellant, Víctor D. Negrón Vélez, was accused and convicted of the offense of grand larceny and was sentenced to serve from one to ten years in the penitentiary.

Appellant raises in this appeal the question whether the testimony of an accomplice was corroborated, pursuant to the provisions of Rule 156 of the Rules of Criminal Procedure.1 In other words, we must determine whether the evidence presented “without taking into consideration the testimony of the accomplice, tends to comiect the defendant [412]*412with the commission of the offense.” (Italics ours.) More specifically, we should determine what is meant by “to connect the defendant with the commission of the offense,” and whether in this case the evidence, excluding the testimony of the accomplice, established such “connection.” We conclude that it does. In addition, the refusal to give certain instructions to the jury is questioned. We conclude that the trial court did not err in refusing to give them, except one. The trial court erred in charging the jury on the proof of good reputation.

The testimony of the witnesses for the prosecution and for the defense established the following facts, summarized by the trial court without objection on the part of appellant’s counsel:

1. — Daniel Ruano Monteagudo testified that he is engaged in the sale of used automobile parts; that about July 7, 1966, appellant went to his establishment to buy parts in a two-door, blue or light green Chevelle station wagon, “El Camino” model, opened at the back, license plate 123-909, 1964; that the witness liked it and negotiated its purchase for $900; which amount he paid next day with a check; that he received the key to the vehicle and the following day appellant gave him a vehicle license and a contract of sale. These documents corresponded to another used vehicle of the same model, but which had been involved in a collision. He testified that he did not buy two similar vehicles from appellant, but only one, which had not been involved in a collision and which was in a very good condition as it appears from its photographs, admitted in evidence.

2. — José Iguina Cabrera testified that he is the owner of a 1964 aqua green or blue Chevelle station wagon, “El Camino” model, which disappeared from the place it was parked in front of his house, on Tous Soto Street, near Osuna School, Reparto Baldrich, Hato Rey, Puerto Rico, on the night of June 30 to July 1, 1966; that he left it closed, but [413]*413with an additional key in an ash tray; that he notified the police; that on August 6, he accompanied Sergeant Arimont of the state police to Ruano’s establishment and there he identified the vehicle which Ruano said he bought from the appellant; that he was able to open it with the key he carried; that the vehicle was operated with the key which he left in an ash tray, which he identified; that he identified the vehicle as his own, also, by (a) a “scratch” on the left side; (b) “peeling” in the chromium of the instrument board; (e) the corroded muffler; (d) some stains on the rear-view mirror; that the back part had been changed because the symbol of the College of Engineers was missing; the license plate was different; the gearshift lever was different, as well as the front hub caps; that the photographs taken of the vehicle purchased by Ruano, represented the vehicle which was the witness’ property, that is, Iguina’s; that they went to appellant’s establishment with Ruano; that appellant said that he did not believe that the vehicle in question had been stolen, for he purchased it from a used vehicle dealer in Vega Baja, and it had been involved in a collision; that said vehicle had a value of $1,200 or $1,500 when it was stolen.

3. — Jesús Ramón Cameron Medina, the accomplice, said that about June 30, 1966, he had worked for six months in appellant’s repair shop, in making repairs and, among other things, in mechanics; that he saw a 1964 Chevelle station wagon parked on Tous Soto Street, near Osuna School, in Reparto Baldrich; that “after one o’clock in the morning” (of July 1, 1966), he “pulled” the small window to open it from the inside, but he had to push it because when he tried to “start it directly” the contact points were burned; that he went to appellant’s shop in a Hertz rented automobile, which appellant had furnished him, and appellant’s brother and a watchman went with him in the rented automobile to help him tow the station wagon he was stealing in order to bring it to the aforementioned shop where the said appellant’s [414]*414brother and himself changed the back part, because it had an emblem of the College of Engineers, the license and identification plates, substituting them with those of the identical station wagon which had been involved in a collision, which appellant bought in Vega Baja, and which the witness towed from there to appellant’s shop. He said that he stole the station wagon in question because a week before appellant had told him that “if I stole a 1964 Chevrolet station wagon, ‘El Camino’ model, he would give me in exchange a 1956 Chevrolet”; that he took appellant to see the station wagon before stealing it on or about June 26, 1966, and appellant told him that “it was the station wagon he needed”; that back at the shop appellant repeated the above-mentioned proposition with respect to the vehicle they had just seen; that when he finished the changes in the station wagon the night he stole it, he towed it to appellant’s home, where he left it; that next day, which was Sunday, he went to appellant’s shop and he saw the stolen station wagon there and that day appellant gave him the promised Chevrolet. On cross-examination he admitted having been formerly convicted of grand larceny, but that that case was on appeal; that he had not been accused for the foregoing facts; that the police had offered him immunity; he could not explain why he had said that he stole the vehicle during the night from Saturday to Sunday, when the date of the facts he indicated, July 1, 1966, was not Sunday; “that he testified because when the station wagon was seized, the defendant [appellant] told Lieutenant Andino that if they got Hugo and him [appellant] out, he, the defendant [appellant], was going to testify against the witness; that when Lieutenant Andino told him that the defendant [appellant] was accusing him of having stolen the station wagon, the witness says that since he did not believe it, he asked to be taken to a place where the defendant [appellant] could not see him because he wanted to hear what the defendant [415]*415[appellant] said; for that purpose they took him to a place where the defendant [appellant] could not see him and there the witness heard the defendant [appellant] saying to the police . . . that if they got Hugo and the defendant [appellant] out of the ‘mess’, the defendant [appellant] would testify against Cameron Medina; that it was then when he, witness Cameron Medina, decided to testify in this case.”

The sworn statement given by this witness before the prosecuting attorney who represented the State in this prosecution, indicates that the pertinent legal warnings were given by the prosecuting attorney before testifying; he signed it after he was arrested. When the witness was asked whether the prosecuting attorney gave such warnings, he answered “they granted me immunity.” Said prosecuting attorney testified in connection with such warnings that “. . .

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Bluebook (online)
96 P.R. 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-negron-velez-prsupreme-1968.