Raines v. State

514 N.E.2d 298, 1987 Ind. LEXIS 1095
CourtIndiana Supreme Court
DecidedOctober 29, 1987
Docket1085S437
StatusPublished
Cited by35 cases

This text of 514 N.E.2d 298 (Raines v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raines v. State, 514 N.E.2d 298, 1987 Ind. LEXIS 1095 (Ind. 1987).

Opinions

DICKSON, Justice.

The jury trial of defendant Charles Raines resulted in acquittals as to four counts of murder, convictions on three counts of theft, and a finding of habitual offender status. In this direct appeal, defendant presents three issues: 1) sufficien-ey of evidence for conviction of theft as charged in count VII, 2) sufficiency of evidence to support the habitual offender determinations, and 3) whether convictions of counts V and VI violate the "single larceny rule."

Issue 1-Sufficiency of Theft Evidence Under Count VII

Count VII charged the defendant with theft of an Oldsmobile automobile from Kentucky Farm Bureau Insurance Company (KFBIC). Defendant contends that the evidence is insufficient not only as to his intent to deprive KFBIC of its value or use of the automobile, but also insufficient to prove that his possession was unauthorized.

In addressing the issue of sufficiency of evidence, we will affirm the conviction if, considering only the probative evidence and reasonable inferences supporting the verdict, without weighing evidence or assessing witness credibility, a reasonable trier of fact could find each element of the charged erime proven beyond a reasonable doubt. Case v. State (1984), Ind., 458 N.E.2d 223; Loyd v. State (1980), 272 Ind. 404, 407, 398 N.E.2d 1260, 1264, cert. denied, 449 U.S. 881, 101 S.Ct. 231, 66 L.Ed.2d 105.

The evidence favorable to the judgment demonstrated that defendant was stopped by police while operating a 1976 Oldsmobile automobile which had previously been stolen in Kentucky. Following the theft, KFBIC acquired title in the course of its claim settlement with its insured, the prior owner of the automobile.

Defendant argues that the certificate of title demonstrates that KFBIC acquired its interest in the automobile on August 28, 1984, three days after defendant's possession ceased. He concludes that this sequence of events precludes the possibility of sufficient evidence that he intended to deprive KFBIC, or that his use of the vehicle was unauthorized by KFBIC.

Defendant acknowledges the well established rule that it is not necessary to prove absolute title or ownership in the alleged owner, but sufficient if the evidence shows the alleged owner to be properly in possession as a bailee, agent, trustee, executor, or administrator. Gunder v. State (1968), 250 Ind. 689, 693, 238 N.E.2d 655, 658. The State does not have to prove ownership "in the title sense" to establish a theft conviction. Bridges v. State (1983), Ind., 457 N.E.2d 207, 209.

Accordingly, we find that KFBIC's payment under its automobile theft coverage entitled it to sufficient proprietary interest in the vehicle to satisfy the proof of ownership requirement. At the time of the defendant's possession of the automobile, KFBIC had already settled with its insured and acquired its proprietary interest, even though the processing of the formal transfer of ownership and issuance of certificate of title had not been completed. Upon this issue, we must reject defendant's claim of insufficient evidence.

Issue 2-Sufficiency of Habitual Offender Evidence

Defendant contends that the evidence presented during the habitual offender phase of the trial was insufficient, particularly in view of the alleged failure of the trial court to properly instruct the jury as to the meaning of the phrase "two prior unrelated felony convictions." Defendant's claim of insufficient evidence is based upon his claim that the alleged prior convictions were not shown by any "properly certified records from the trial courts from which [300]*300these prior convictions purported arose." The State responds, first, that because the defendant took the stand and admitted the prior convictions, sufficient evidence was thereby established. The State further correctly alleges that certified copies of prison records including commitment orders may be used to establish a defendant's prior felony convictions. Smith v. State (1985), Ind., 477 N.E.2d 857; Harmer v. State (1983), Ind., 455 N.E.2d 1139; Underhill v. State (1981), Ind., 428 N.E.2d 759.

The State introduced certified copies from the Ohio Department of Corrections containing a copy of a fingerprint card and copy of an entry and information from the Court of Common Pleas for Ross County, Ohio, showing a charge, a finding of guilt, and a sentencing for robbery in 1975, the sentence to be not less than four (4) years and not more than fifteen (15) years. A similar set of certified documents from the Chillicothe Correctional Institute included a fingerprint card, a copy of an entry and information from the Court of Common Pleas for Franklin County, Ohio, showing a charge, finding of guilt and sentencing for receiving stolen property in 1979, for a sentence of one (1) to five (5) years. Each of these documents identified defendant. A fingerprint expert for the State of Indiana testified that the fingerprints on the cards contained in these documents matched the defendant's fingerprints. Further, defendant testified and admitted he had a prior Ohio conviction for Robbery in 1975 for which he served 2 years, and a prior Ohio conviction for receiving stolen property in 1979 for which he was sentenced to serve 1 to 5 years but served 6 months on a modification. The evidence introduced was sufficient to establish defendant had 2 prior unrelated felony convictions.

Issue 3-Single Lorceny Rule

Defendant asserts the Single Larceny Rule applies prohibiting the separate con-viections and sentencings for count V (theft of scuba equipment) and count VI (Theft of the Toyota truck).

The Single Larceny Rule has long been entrenched in Indiana law as evident by the following passage in Furnace v. State (1899), 153 Ind. 93, 95, 54 N.E. 441, 44:

We recognize no good reason to depart from what may be considered the great current of authority and hold the pleading in question bad when it can reasonably be said that it discloses that the larceny complained of was but one single act or transaction in violation of the law against larceny, although the property which was the subject of the crime belonged to several different persons. The particular ownership, as charged in the pleading, of the money stolen did not give character to the act of stealing, but was merely a part of the description of the particular crime charged to have been committed. The information, pri-ma facie, under the circumstances, can be said to charge but one offense against the State, and is not open to the objection that it is bad for duplicity.

The prevailing rule is that when several articles of property are taken at the same time, from the same place, belonging to the same person or to several persons there is but a single "larceny", i.e. a single offense. Stout v. State (1985), Ind., 479 N.E.2d 563; Hoit v. State (1978), 178 Ind.App. 631, 383 N.E.2d 467.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Michael Pugh v. State of Indiana
52 N.E.3d 955 (Indiana Court of Appeals, 2016)
Demetre Brown v. State of Indiana
52 N.E.3d 945 (Indiana Court of Appeals, 2016)
Alexander Dupree v. State of Indiana (mem. dec.)
51 N.E.3d 1251 (Indiana Court of Appeals, 2016)
Seth Curtis v. State of Indiana
42 N.E.3d 529 (Indiana Court of Appeals, 2015)
Natasha R. Hill v. State of Indiana
25 N.E.3d 1280 (Indiana Court of Appeals, 2015)
Stephen W. McIntyre v. State of Indiana
Indiana Court of Appeals, 2014
Xxavier Jones v. State of Indiana
Indiana Court of Appeals, 2014
Sterlen Shane Keller v. State of Indiana
987 N.E.2d 1099 (Indiana Court of Appeals, 2013)
J.R. v. State of Indiana
982 N.E.2d 1037 (Indiana Court of Appeals, 2013)
Justin Holman v. State of Indiana
Indiana Court of Appeals, 2012
Deshawn Grigsby v. State of Indiana
Indiana Court of Appeals, 2012
Borum v. State
951 N.E.2d 619 (Indiana Court of Appeals, 2011)
Walker v. State
903 N.E.2d 1022 (Indiana Court of Appeals, 2009)
Taylor v. State
879 N.E.2d 1198 (Indiana Court of Appeals, 2008)
McHenry v. State
820 N.E.2d 124 (Indiana Supreme Court, 2005)
Smith v. State
748 N.E.2d 895 (Indiana Court of Appeals, 2001)
Benberry v. State
742 N.E.2d 532 (Indiana Court of Appeals, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
514 N.E.2d 298, 1987 Ind. LEXIS 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raines-v-state-ind-1987.