State v. Lloyd
Decision Date | 07 July 1982 |
Docket Number | No. 13298,13298 |
Citation | 647 P.2d 1254,103 Idaho 382 |
Parties | The STATE of Idaho, Plaintiff-Respondent, v. Max D. LLOYD, Defendant-Appellant. |
Court | Idaho Supreme Court |
Klaus Wiebe and Laird B. Stone, Boise, for defendant-appellant.
David H. Leroy, Atty. Gen., Myrna A. I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.
In the early morning hours of December 2, 1978, two Boise City firemen observed defendant-appellant, Max Lloyd, and one Maroun Khreish park an automobile in downtown Boise and begin taking money from four parking meters. The firemen notified the police, who arrived after Lloyd and Khreish had left the area. Lloyd and Khreish returned to their automobile shortly after the police arrived and were arrested at that time. A warrant to search the car was subsequently obtained and $64.81 in change was found in the glove compartment, $45.99 in change was found in a suitcase which was on the back seat of the car and $183.35 in change was found in a sack in the trunk. The money found in the suitcase and in the trunk was aggregated with the money found in the glove compartment and Lloyd and Khreish were charged in a single complaint with grand larceny in violation of I.C. § 18-4604-"Larceny ... of a value exceeding one hundred fifty dollars ($150.00)." The same attorney represented both defendants prior to trial. The case against Khreish was dismissed and he was deported to Israel. The State proceeded to trial against Lloyd. He was convicted by a jury of grand larceny and sentenced to the custody of the State Board of Corrections for an indeterminate period of time not to exceed three (3) years.
The first issue presented is whether there was sufficient evidence to submit to the jury the question of whether all of the money recovered from the car was obtained pursuant to a common scheme or plan. The general rule regarding aggregation of values is that before the state can aggregate amounts taken from the same person in separate incidents for the purpose of charging grand larceny, it must show that the amounts were obtained pursuant to a common scheme or plan that reflected a single, continuing larcenous impulse or intent. See People v. Richardson, 83 Cal.App.3d 853, 148 Cal.Rptr. 120 (1978); State v. Roberts, 210 Kan. 786, 504 P.2d 242 (1973), cert. den. 414 U.S. 832, 94 S.Ct. 168, 38 L.Ed.2d 67; Commonwealth v. Pina, 1 Mass.App. 411, 298 N.E.2d 895 (1973); State v. Sampson, 120 N.H. 251, 413 A.2d 590 (1980); State v. Barton, 28 Wash.App. 690, 626 P.2d 509 (1981). This "common scheme" prerequisite to aggregating values for purposes of charging higher degrees of larceny has been adopted by most jurisdictions. See Annot., 53 A.L.R.3d 398 (1973). This Court has previously approved of jury instructions setting forth this doctrine, albeit in the face of a challenge on different grounds. See State v. Kombol, 81 Idaho 530, 347 P.2d 117 (1959). The ultimate determination of whether a defendant is guilty of grand larceny because items stolen were in fact obtained in a single incident or pursuant to a common scheme or plan reflecting a single, continuing larcenous impulse or intent is, of course, for the jury to make. See State v. Sampson, supra; People v. Robinson, 97 Misc.2d 47, 411 N.Y.S.2d 793 (1978). The trial court in this case properly instructed the jury that:
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State v. Major
...incident or pursuant to a common scheme or plan reflecting a single, continuing [criminal] impulse or intent...." State v. Lloyd, 103 Idaho 382, 383, 647 P.2d 1254, 1255 (1982) (unanimous Applying this test to the instant facts, we are convinced that Major committed but one offense of posse......
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State v. Gillespie
...135 Idaho at 16, 13 P.3d at 343 (Trout, J. dissenting); Major, 111 Idaho at 414, 725 P.2d at 119 (quoting State v. Lloyd, 103 Idaho 382, 383, 647 P.2d 1254, 1255 (1982) (unanimous decision)). Applying this test, the dissent concluded that the actus reus of the crime is the possession and al......
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State v. Gilbert
...see the wisdom in granting such unbridled discretion to juries. Returning to the common scheme argument, Gilbert cites State v. Lloyd, 103 Idaho 382, 647 P.2d 1254 (1982), for the proposition that separate thefts may be aggregated where the evidence shows that all thefts were part of a comm......
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State v. Grinolds, 18146
...a single count of theft because the thefts were part of a common scheme, or should they be treated as separate crimes. State v. Lloyd, 103 Idaho 382, 647 P.2d 1254 (1982). ...