Coley v. State

• Decision Date: 25 June 1990
• Docket Number: No. CR,CR
• Citation: 302 Ark. 526,790 S.W.2d 899
• Parties: Antonio Demarion COLEY, Appellant, v. STATE of Arkansas, Appellee. 90-10.
• Court: Arkansas Supreme Court

Page 899

790 S.W.2d 899

302 Ark. 526

Antonio Demarion COLEY, Appellant, v. STATE of Arkansas, Appellee.

No. CR 90-10.

Supreme Court of Arkansas.

June 25, 1990.

John Ogles, Jacksonville, for appellant.

Paul Cherry, Asst. Atty. Gen., Little Rock, for appellee.

TURNER, Justice.

On February 2, 1989, Joyce Landgren's 1986 model Cadillac automobile was stolen.

On February 9, 1989, Gloria Reeves, a cashier at a convenience store, was robbed at gunpoint by a black male described as being 5'3"' and weighing about 130 pounds. After taking approximately $120 in cash from the register, the robber ran from the store and entered a waiting automobile driven by a second black male. The statement given to the investigating officers by Ms. Reeves described the auto as a gray 4-door Buick. At trial, Ms. Reeves was adamant in her testimony that the description she had given to the authorities at the time of the investigation was of a "silver Cadillac." In any event, she was able to give the police the license number of the car which was the license that had been issued to Ms. Landgren for her Cadillac automobile.

The appellant was convicted by a Pulaski County jury of the crimes of aggravated robbery, theft by receiving, and theft of property and was sentenced as an habitual offender to terms totaling 60 years.

The appellant challenges his convictions, asserting that the state failed to establish that the automobile had a value of over $2,500--an element necessary to sustain the theft by receiving charge. Further, the appellant asserts that the evidence was insufficient to support the aggravated robbery and theft of property convictions. We find the appellant's contentions to be without merit, and we therefore affirm.

Two days after the robbery of the convenience store, the police located Ms. Landgren's stolen 1986 Cadillac at an apartment complex--still bearing the original license plate issued to Mrs. Landgren and identified by Ms. Reeves, the store clerk, as the license on the get-away car. The police established a continual surveillance and they ultimately observed the appellant approach the vehicle, open the door, and enter the car. At that time, the detectives moved from their position of surveillance and arrested the appellant.

The following day, Ms. Reeves identified the appellant from a physical lineup as the person who robbed her. At the trial she again identified the appellant, without hesitation, as the robber of the store. The arresting officers also made a positive identification of the appellant as the person they observed getting into the stolen automobile at the time of the arrest.

The appellant, in challenging the sufficiency of the evidence for conviction, moved for a directed verdict on all three counts and alleges error by the trial court in denying his motion.

A motion for a directed verdict is a challenge to the sufficiency of the evidence, Glick v. State, 275 Ark. 34, 627 S.W.2d 14 (1982); and, when reviewing the denial of the motion, we consider the evidence in the light most favorable to the appellee and affirm if there is any substantial evidence to support the verdict. Only testimony in support of the verdict need be considered. Boren v. State, 297 Ark. 220, 761 S.W.2d 885 (1988).

Without restating all of the evidence, we find it overwhelmingly in support of the finding of guilt on the charges of aggravated robbery and theft of property. In her statement to the police, Ms. Reeves was somewhat inaccurate in her physical description of the appellant, but she had no hesitation in her identification both at the physical lineup and at the trial. Her statement also identified the automobile as a "gray Buick," but she was able to give to the investigators the correct number of the license on the Landgren silver Cadillac, the stolen vehicle which the appellant was entering at the time of his arrest.

The appellant next alleges that the evidence was insufficient to establish that the Cadillac automobile had a value of over $2,500, proof of which is required by Ark.Code Ann. § 5-36-106(e)(1) (1987) in order to sustain the charge of theft by receiving as a Class B felony.

"Value" is defined in relevant part at Ark.Code Ann. § 5-36-101(11)(A)(i) (1987) as "[t]he market value of the property or services at the time and place of the offense...."

There was no direct proof introduced which would establish the market value of the automobile at the time of the theft. However, Mrs. Landgren, though unable to recall the year model of her vehicle, testified that she and her husband bought the car new and paid $22,000; that it was in good condition and that only $400 had been spent on repairs since it was purchased. The arresting officer testified that the car was a 1986 model which proved it to be only three years old at the time of the theft.

The state has the burden of establishing the value of the property, Lee v. State, 264 Ark. 384, 571 S.W.2d 603 (1978), and the preferred method of establishing value is by expert testimony. See Terry v. State, 271 Ark. 715, 610 S.W.2d 272 (Ark.App.1981). Value, however, may be sufficiently established by circumstances which clearly show a value in excess of the statutory requirement. In Tillman v. State, 271 Ark. 552, 609 S.W.2d 340 (1980), we found that the purchase price paid by the owner is admissible as a factor for the jury to consider in determining market value, when it is not too remote in time and bears a reasonable relation to present value.

In a recent case, there was an absence of direct value testimony but the owner testified she had paid around $14,000 for her 1986 model Thunderbird automobile; that she still owed a part of the purchase price; and, that her car was...