State v. Hill

727 P.2d 221, 44 Utah Adv. Rep. 23, 1986 Utah LEXIS 900

• Court: Utah Supreme Court
• Decided: October 22, 1986
• Docket: 20978
• Status: Published

Opinions

DURHAM, Justice:

A jury convicted defendant James Hill of burglary and second degree theft. His son Larry Hill was convicted of second degree theft. They argue on appeal that the evidence was insufficient to support their convictions. We reverse.

James Hill, the owner of an Oregon antique store, came to Utah to see relatives in June 1984. While on that visit, on June 29, James and his son Larry, along with some young nieces and nephews, entered the Mount Pleasant Antique Shop, which James had visited occasionally before this incident. While Larry chaperoned the children, Sue Sego, a co-owner of the shop, showed James several items in which he was interested. James signed his name and address in the store’s register book, then left without making a purchase. Ms. Sego locked up for the evening immediately afterward. When she returned the next morning, she found that a number of items had been stolen during the night, including some in which James had shown an interest. James and Larry returned to Oregon that same morning.

Several days later, Jim Haynall, an Oregon police officer, at the request of the Mount Pleasant (Utah) Police Department, investigated and found in James Hill’s van a rocking chair from the Utah store. After obtaining a search warrant, Officer Haynall searched defendants' homes and found three used captain’s chairs that had also been taken from the store in the burglary. James produced a bill of sale to explain his possession of the chairs. James and Larry were subsequently arrested and charged with burglary and theft.

Defendants were tried on April 8 and 9, 1985. John Christensen, the investigating officer, read into evidence the transcript of a taped interview he had conducted with a Mr. Bruce Black, who stated that a person named Dave Hall had committed the burglary. Mr. Black said that Mr. Hall had brought the stolen items to the Black home after the burglary and then took some chairs to the home where defendants were staying. Mr. Black testified that Mr. Hall kept the bulk of the property for himself. Testimony of Ms. Sego placed the total value of the stolen items at $1,871. Expert testimony placed the value of the furniture found in defendants’ possession at between $255 and $310.

Defendants claim that the evidence was insufficient to support their convictions. It is fundamental that the State carries the burden of proving beyond a reasonable doubt each element of an offense, including the absence of an affirmative defense once the defense is put into issue. State v. Starks, 627 P.2d 88, 92 (Utah 1981); State v. Torres, 619 P.2d 694, 695 (Utah 1980). While it is not the function of this Court to substitute its judgment for that of the jury, we will reverse a conviction if the evidence is so insubstantial or inconclusive that reasonable minds must necessarily entertain a reasonable doubt as to a defendant’s guilt. State v. Dyer, 671 P.2d 142, 148-49 (Utah 1983); State v. Romero, 554 P.2d 216, 219 (Utah 1976). Where the only evidence presented against the defendant is circumstantial, the evidence supporting a conviction must preclude every reasonable hypothesis of innocence. State v. Romero, 554 P.2d at 219. This is because the existence of a reasonable hypothesis of innocence necessarily raises a reasonable doubt as to the defendant's guilt.

The State presented no direct evidence that James either committed the burglary personally or solicited another to commit the burglary. In the interview between Officer Christensen and Bruce Black, Mr. Black said that Dave Hall decided to commit the burglary when he heard from James Hill’s brother Dave that James was interested in some items in the antique store. There was no evidence that James solicited or encouraged Hall to commit the burglary or even knew that he was planning it. The evidence supports a hypothesis that Hall committed the burglary without the assistance, encouragement, or knowledge of James Hill. The existence of this hypothesis necessarily raises a reasonable doubt as to Hill’s guilt. Therefore, the evidence is insufficient to support Hill’s burglary conviction.

Since Larry Hill was acquitted of the offense of burglary, defendants’ theft convictions could only be based on theft by receiving stolen goods. Theft is a second degree felony if the value of the stolen property exceeds $1,000 and a third degree felony if the value exceeds $250. The conversation between Officer Christensen and Mr. Black indicated that defendants acquired only the recovered chairs. Since the evidence was that defendants acquired no more than $310 in stolen property, they could not be found guilty of second degree theft in any case.

In order to obtain a conviction for theft by receiving, the State must prove beyond a reasonable doubt each of the following elements: (1) the defendant received, retained, or disposed of the property of another, (2) knowing that the property had been stolen or believing that it probably had been stolen, (3) with the purpose to deprive the owner thereof. U.C.A., 1953, § 76-6-408, as amended. The fact that the stolen chairs were recovered from defendants’ possession was sufficient to prove the first element, that defendants received the stolen goods. Although this fact is evidence to be weighed in considering the other elements of theft, testimony given by Officers Haynall and Christensen showed that defendants explained that James had purchased the chairs in good faith, obtaining what he thought to be a valid bill of sale, and that they lacked any knowledge or belief that the chairs in their possession were stolen. This explanation, if true, would negate the required second element of knowledge, as well as the third element, specific intent. The State, therefore, had the burden of disproving this explanation beyond a reasonable doubt.

The only “direct” evidence pertaining to defendants’ knowledge came from the testimony of Ms. Sego. She, however, did not know whether Larry Hill saw any of the stolen property while he was in the store. While she stated that James saw the rocking chair, she also stated that he expressed no interest in the chair and she did not know whether James could later identify the rocking chair by sight. She did not testify that either defendant was aware of the existence of the other chairs later found in their possession. Further, none of the items she testified James was interested in were found in the possession of either defendant. The testimony of Officers Christensen and Haynall tended to support a hypothesis that James did not receive the items in which he had shown an interest while he was in the store. Ms. Sego’s testimony that James had visited the store and had dealt with her before and that he had signed his name and address in the store’s register book, simplifying his future location and identification, also cast doubt on defendants’ guilt. We hold that the evidence, taken as a whole, was insufficient to prove beyond a reasonable doubt that defendants knew or had reason to believe the chairs were in fact stolen. Because the State failed to prove this necessary element of the crime of theft, defendants’ convictions must be reversed.

STEWART, J., concurs.