BB v. State
Decision Date | 25 August 2000 |
Parties | B.B. v. STATE. |
Court | Alabama Court of Criminal Appeals |
H. Coleman Burton, Huntsville, for appellant.
Bill Pryor, atty. gen., and Jean A. Therkelsen, asst. atty. gen., for appellee.
On March 1, 2000, the appellant, B.B., a minor, was adjudicated a delinquent child in connection with the criminal charge of receiving stolen property in the first degree, in violation § 13A-8-17, Ala.Code 1975. B.B. was sentenced to the custody of the Department of Youth Services for an undetermined period. This appeal followed.
At the delinquency hearing, Celestine Horton testified that on January 14, 2000, she arrived at a friend's house in Madison County at approximately 6:00 p.m. Horton said that she drove to the friend's house in her 1983 Pontiac Bonneville station wagon. Horton stated that when she left her friend's house at approximately 10:00 p.m. that night her car was gone. Horton then went back into her friend's house and contacted the police. According to Horton she had not left the keys in her car, and she had not given anyone permission to take her car.
Officer Corey Upton with the Huntsville Police Department testified that he saw a car matching the description of Horton's at approximately 12:30 a.m. on January 15. According to Upton, when he signalled for the driver to stop, he and the driver of the car engaged in a chase. Upton said the car was occupied by two people and that B.B. was the passenger. Upton stated that, during the pursuit, the driver of the car almost hit another vehicle and at some point, attempted to "ram" his police vehicle. (R. 9.) Upton indicated that the occupants of the car fled after the vehicle wrecked. B.B. was taken into custody by another police officer a short distance from the wreck. The officer took him to the scene of the wreck, where he was identified by Upton as the passenger in Horton's vehicle. Testimony indicated that Horton owned the car Upton chased and in which B.B. was a passenger.
B.B. claims that the state's evidence was "insufficient to prove his possession, dominion, and control of the stolen car." (B.B.'s brief to this Court at p. 4.) Based strictly on the facts presented at the delinquency hearing in this case, we must agree.
In a strikingly similar case, Judge Bowen, writing for this Court, stated:
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...property is received, retained or disposed of with intent to restore it to the owner." § 13A-8-16(a), Ala.Code 1975. B.B. v. State, 778 So.2d 258 (Ala.Crim. App.2000), which quotes extensively from J.W.B. v. State, 651 So.2d 73, 76 (Ala.Crim. App.1994), is dispositive of the issue raised in......
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J.C.C. v. State
...court.2 I would address the sufficiency of the evidence and reverse the adjudication of delinquency on the authority of B.B. v. State, 778 So.2d 258 (Ala.Crim.App.2000). See also Brisker v. State, 826 So.2d 215 (Ala.Crim.App.2001). Therefore, I must respectfully 1. The rationale of Vaughn, ......
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J.C.C. v. State, No. CR-05-1672 (Ala. Crim. App. 6/29/2007), CR-05-1672.
...I would address the sufficiency of the evidence and reverse the adjudication of delinquency on the authority of B.B. v. State, 778 So. 2d 258 (Ala. Crim. App. 2000). See also Brisker v. State, 826 So. 2d 215 (Ala. Crim. App. 2001). Therefore, I must respectfully 1. The rationale of Vaughn, ......
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