State v. Steele

807 P.2d 1348, 247 Mont. 480, 48 State Rptr. 268, 1991 Mont. LEXIS 72
CourtMontana Supreme Court
DecidedMarch 19, 1991
Docket90-363
StatusPublished

This text of 807 P.2d 1348 (State v. Steele) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Steele, 807 P.2d 1348, 247 Mont. 480, 48 State Rptr. 268, 1991 Mont. LEXIS 72 (Mo. 1991).

Opinion

JUSTICE WEBER

delivered the Opinion of the Court.

A jury trial was held in the District Court for the Fourth Judicial District, Missoula County. Defendant, Shawn Allen Steele, was convicted of misdemeanor criminal mischief, felony criminal mischief, misdemeanor theft and felony theft. Defendant appeals. We affirm.

The issues on appeal are:

1. Did the District Court err in denying defendant’s motion for directed verdict?

2. Did the aggregation of the value of the stolen property subject the defendant to multiple convictions for the same transaction?

On Saturday, October 28, 1989, Renae Rostad (Ms. Rostad) attended a late movie at the Cinema 3 movie theater in Missoula, Montana. Ms. Rostad parked her car in the theater’s rear-parking lot. At about 11:45 p.m., after the movie, she returned to her car only to find that someone had broken one of its windows and stolen her purse. The purse, valued at $55, contained $10, several credit cards, and a “bank card” from First Interstate Bank.

Ms. Rostad reported the theft to the Missoula Police Department that night. She reported the theft of her bank card on the following Monday. The customer representative for First Interstate Bank checked the “cardholder activity report” for Ms. Rostad’s bank card and discovered that the night Ms. Rostad’s purse was stolen someone made three $100 withdrawals from her account with her bank card. A fourth attempt to withdraw $100 was made but since the maximum allowable withdrawal from Ms. Rostad’s account was $300 per day, the attempted withdrawal was refused. A video tape taken of all individuals who withdraw money from the Automatic Teller Machine (ATM) revealed that an unidentified male made the three withdrawals. No suspect was apprehended at that time.

Early in 1990, a number of break-ins into vehicles occurred in the parking lots of Cinema 3 and the Duelin’ Daltons Saloon in Missoula. Most of the break-ins resulted in the theft of purses and credit cards from the vehicles.

*482 The owner of Duelin’ Daltons, Bruce Fowler, began to conduct a surveillance of the Duelin’ Dalton’s parking lot. On February 2,1990, Mr. Fowler saw a.man emerge from a vehicle and steal something from a car parked across the street from Duelin’ Daltons. The man returned to his car and drove away. Mr. Fowler and his friend, Wayne Frank, followed the suspect’s car to the parking lot of the Cinema 3. Mr. Fowler used his car to block in the suspect’s car in the parking lot. They could see that the suspect was still sitting in his car going through a purse.

Mr. Fowler and Mr. Frank then approached the suspect’s vehicle. Mr. Frank recognized the suspect as the defendant and someone he had known for years. Defendant resisted an attempted citizen’s arrest by the two men. Mr. Fowler then went to a nearby phone to call the police. In the meantime, defendant admitted to Mr. Frank that he had been involved in thefts from cars for several months. Defendant then escaped on foot.

When the police arrived, they impounded defendant’s vehicle and searched it. The detective conducting the search found a purse, two wallets, two sets of keys and identification cards. When the detective reviewed the investigative file from the Rostad case, he recognized the man in the ATM photographs withdrawing money from Ms. Rostad’s account as the defendant. The detective later interviewed defendant. The detective testified that defendant admitted to being the man in the photographs but denied any wrongdoing.

In support of its motion for leave to file an Information, the State submitted to the court an affidavit setting forth the circumstances of the alleged crimes. The affidavit revealed that defendant admitted to Mr. Frank that he had been stealing items from cars for several months in order to support his child.

A jury trial was held. At the close of the State’s case-in-chief, defendant moved the court to either dismiss Count V of the Information or direct a verdict in defendant’s favor. Count V read:

“On or about October 28, 1989, through November 5, 1989, the above-named Defendant purposely or knowingly obtained or exerted unauthorized control over property of another, a purse and cash with value in excess of $300, property of Renae Rostae (sic), with the purpose to deprive the owner of the property.”

Defendant argued that the value of the purse stolen from Ms. Rostad was not over $300. Counsel for the defense argued:

“My first motion regarding this is that the court should dismiss the felony charge because the State has failed to prove value of the purse *483 being over $300.00.
“It’s my position that the transaction which occurred at the bank is a deceptive practices or some other theft. It’s a separate offense. You cannot use the money taken off of that card to include it in the value of the purse.
“The bank card itself is worth less.
“[TJhe State can’t use that value to enhance the value of the purse ....
“Renae Rostad was out the value of her purse, she was out the $10.00 in her purse, and she was out $50.00 according to the last person we had testify to the bank.
“The bank was out the other $250.00. And as long as she notified them within two business days, her account was never affected by that.
“Therefore, her charge should only be a misdemeanor charge because they haven’t proven, even if you aggregate the total amount in it — with the bank machine, the value still does not exceed $300.00.”

The State argued that the purse and the cash together were all part of the same transaction because not only was the bank card taken from the purse, it was used within a half-hour from the time the purse was stolen.

On appeal, defendant challenges only his conviction for Count V, the felony theft relating to Ms. Rostad’s purse.

I.

Did the District Court err in denying defendant’s motion for directed verdict?

Defendant maintains that the State’s failure to charge the theft of Ms. Rostad’s purse and the money from her bank account as the same transaction or a common scheme was fatal to the State’s case. Defendant argues that in this case no evidence permitted the jury to conclude that the value of the property stolen from Ms. Rostad exceeded $300. He maintains that two misdemeanor thefts were involved here: one involved breaking into a car and stealing a purse; the other the use of a bank card.

The State contends that the Information properly charged defendant with felony theft as § 45-6-301(l)(a), MCA, defines the offense. Section 45-6-301, MCA, provides (in part):

*484 “(1) A person commits the offense of theft when he purposely or knowingly obtains or exerts unauthorized control over property of the owner and:
“(a) has the purpose of depriving the owner of the property;

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Related

State v. Krum
777 P.2d 889 (Montana Supreme Court, 1989)
State v. Laverdure
785 P.2d 718 (Montana Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
807 P.2d 1348, 247 Mont. 480, 48 State Rptr. 268, 1991 Mont. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-steele-mont-1991.