Riddle v. State

Decision Date09 July 1990
Docket NumberNo. CR,CR
Citation303 Ark. 42,791 S.W.2d 708
PartiesRalph RIDDLE, Appellant, v. STATE of Arkansas, Appellee. 90-64.
CourtArkansas Supreme Court

Thomas B. Devine, III, Little Rock, for appellant.

John D. Harris, Asst. Atty. Gen., Little Rock, for appellee.

PRICE, Justice.

The appellant was convicted of aggravated assault and theft by receiving. He was sentenced to 10 years imprisonment on the assault charge and 25 years on the theft by receiving charge, to be served consecutively. On appeal, he contends the evidence was not sufficient to support his conviction for theft by receiving. We find the evidence was sufficient and therefore affirm.

On March 12, 1989, Little Rock police officer Stuart Sullivan was on patrol and spotted a light blue 1987 Honda Accord which had been stolen two days earlier. When Officer Sullivan turned on his siren and blue lights, the vehicle fled at a high rate of speed. After a chase lasting several blocks, the vehicle crashed into a stop sign and came to a halt. There were three occupants of the vehicle. Two of them, the driver and the backseat passenger, fled on foot in a southwesterly direction. The appellant, the front seat passenger, fled in a northwesterly direction and was pursued by Officer Sullivan. At several points during the chase, the appellant turned and fired a pistol at the officer but did not hit him.

Four days later the appellant was apprehended and positively identified by Officer Sullivan. He was brought to trial on charges of criminal attempt to commit first degree murder and theft by receiving. The jury convicted him of the lesser offense of aggravated assault on the attempted murder charge. There is no appeal from that conviction. On the theft by receiving charge, the appellant contends the trial court should have granted a directed verdict in his favor, because there was no evidence showing he had possession or control of the stolen vehicle.

To prove theft by receiving, the state must show that the accused received, retained or disposed of the property of another person, knowing that it was stolen or having good reason to believe it was stolen. Ark.Code Ann. § 5-36-106(a) (1987). A person "receives" stolen good if he acquires possession, control or title to the goods or uses the goods as security. Ark.Code Ann. § 5-36-106(b) (1987). The appellant claims the state presented no evidence that he was in possession or control of the vehicle.

In proving the offense of receipt of stolen property, it is not necessary for the state to prove the accused had actual possession of the stolen property; it is enough to prove he had constructive possession or the right to control. Jones v. State, 276 Ark. 116, 632 S.W.2d 414 (1982). A person has constructive possession of property when he has the power to control and the intent to control that property. See Black's Law Dictionary 285 (5th ed. 1979). See generally AMCI 3304 (constructive possession of a controlled substance); Austin v. State, 26 Ark. App. 70, 760 S.W.2d 76 (1988).

Being a passenger in a stolen vehicle is not, standing alone, enough to establish constructive possession, and many courts have so held. See Commonwealth v. Scudder, 490...

To continue reading

Request your trial
13 cases
  • People v. Land
    • United States
    • California Court of Appeals
    • November 21, 1994
    ...458, 542 N.E.2d 804 [passenger had tool for prying off spoke wheels and kept lookout when driver got out of car]; Riddle v. State (1990) 303 Ark. 42, 791 S.W.2d 708 [passenger's presence in stolen vehicle, flight from the police when car stopped and violent attempt to avoid capture sufficie......
  • State v. Sizemore
    • United States
    • Court of Appeals of New Mexico
    • June 28, 1993
    ...which the requisite actual dominion and control are inferred. See Nelson v. State, 628 P.2d 884, 889 (Alaska 1981); Riddle v. State, 303 Ark. 42, 791 S.W.2d 708, 709 (1990). See generally Caroll J. Miller, Annotation, What Constitutes "Constructive" Possession of Stolen Property To Establis......
  • McCullough v. State, CA
    • United States
    • Arkansas Court of Appeals
    • December 1, 1993
    ...to avoid arrest and the use of a false name can be considered as corroboration of evidence tending to establish guilt. Riddle v. State, 303 Ark. 42, 791 S.W.2d 708 (1990); Austin v. State, 26 Ark.App. 70, 760 S.W.2d 76 Appellant also argues that the trial court erred in sentencing him as a ......
  • Wallace v. State
    • United States
    • Arkansas Supreme Court
    • October 21, 1996
    ...after the commission of a crime was admissible even though it did not occur immediately after the crime). See also Riddle v. State, 303 Ark. 42, 791 S.W.2d 708 (1990) (allowing evidence in an aggravated-assault and theft-by-receiving trial that the defendant fled from officers in a car that......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT