Pennington v. State, 8 Div. 710.
| Decision Date | 02 November 1982 |
| Docket Number | 8 Div. 710. |
| Parties | Coleman PENNINGTON v. STATE of Alabama. |
| Court | Alabama Court of Criminal Appeals |
Roger H. Bedford, Jr. of Bedford, Bedford & Rogers, Russellville, for appellant.
Charles A. Graddick, Atty. Gen., and Rivard D. Melson, Asst. Atty. Gen., for appellee.
Coleman Pennington was indicted in two counts of theft in the first degree in violation of § 13A-8-3, Code of Alabama 1975. The jury found the appellant guilty "under Count I of the indictment." Following a habitual offender hearing, the appellant was sentenced to life in the penitentiary.
Anthony Shepherd testified that on October 24, 1981, the appellant, Pennington, drove Shepherd and appellant's son, Phillip, to Delta Contractors, Inc. The reason for going to Delta was to steal a battery for appellant's car. Once at Delta, Shepherd and Phillip scaled the fence which enclosed part of Delta's premises. They stole a battery, a C.B. and a calculator from vehicles parked inside the fenced area. They climbed back over the fence and went to meet appellant who had parked his car down the road.
The three installed the battery they had stolen from Delta, but discovered it would not work. After putting the old battery back in the car, they made another trip to Delta to steal another battery. Once inside the fence, the two boys decided to steal two chain saws, a surveyor's level, an air wrench, an impact wrench and a Ford Mustang in addition to the battery. Phillip said he was going to drive the Mustang to Lake Number Six and told Shepherd to get his father and meet him there. The pair loaded the stolen items into the Mustang, opened the gate with a monkey wrench and Shepherd drove off.
Shepherd found the appellant who had been driving back and forth by Delta waiting for the two boys. The appellant and Sheperd then drove to Lake Number Six. Upon arriving there they found Phillip and the Mustang which was stuck in the mud. Phillip told them he had gotten the Mustang stuck and couldn't get it out. The three then removed the battery from appellant's car and replaced it with the one they had just stolen. They then transferred the stolen goods from the Mustang to the appellant's car, and went to the appellant's brother's house and sold some of the stolen items.
The next day appellant was involved in an automobile accident with Roy and Eloise Houston. Donnie McGuire, the policeman who investigated the accident testified he saw two of the stolen goods (the air wrench and the calculator) in appellant's vehicle. He further testified that when McGuire attempted to ask the appellant certain questions concerning the theft, once he was in custody, the appellant responded "I'll take the blame for it, my boy wasn't with me." When McGuire asked appellant what he would take the blame for, he answered, "I don't know."
Russellville Police Chief Burns Saint testified that appellant told him he had pawned the stolen goods and could get them back for thirty dollars, if Saint could get him out on bail. The appellant also told Saint where to find the Mustang.
Phillip testified on behalf of his father and stated that his father knew nothing about the boys' plan to steal anything until after the act in question had taken place, but admitted the appellant drove them to Delta and took Shepherd to meet him at Lake Number Six.
Appellant's testimony was essentially the same as his son's. He said he did not participate in the theft and once he learned of it, he took the stolen property to his brother's house to keep until he could return the goods to their rightful owner or owners. The appellant admitted he had seven prior felony convictions.
I
The appellant's sole contention is that the trial court erred in overruling the appellant's motion to dismiss for failure of the State to introduce sufficient evidence to support a prima facie...
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