Tageant v. State, 83-99

• Decision Date: 15 December 1983
• Docket Number: No. 83-99,83-99
• Citation: 673 P.2d 651
• Parties: Robert TAGEANT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

Page 651

673 P.2d 651

Robert TAGEANT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. 83-99.

Supreme Court of Wyoming.

Dec. 15, 1983.

Leonard D. Munker, State Public Defender, Sylvia Lee Hackl, Appellate Counsel, Gerald M. Gallivan, Director, Wyoming Defender Aid Program, and Mark K. Workman (argued), Student Intern, Laramie, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., and Terry J. Harris (argued), Asst. Atty. Gen., for appellee.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.

CARDINE, Justice.

Appellant was convicted of three separate counts of receiving or concealing stolen property in violation of § 6-7-304, W.S.1977 We will affirm.

                . 1  Judgment and sentence of not less than five nor more than ten years upon each count was entered, the sentences to run concurrently and be served in the Wyoming State Penitentiary.  Appeal is from this judgment and sentence
                

The issues presented for consideration, as stated by appellant, are as follows:

"I. Whether the evidence was insufficient to support appellant's conviction's [sic] of receiving stolen property.

"II. Whether under the facts and circumstances of this case the inference of guilty knowledge from the fact of recent possession is unconstitutional for violating appellant's due process rights under the Fourteenth Amendment of the United States Constitution."

FACTS

Appellant was charged with three separate incidents of receiving stolen property (oil field drill bits), knowing the same to have been stolen.

FIRST INCIDENT. Appellant stopped at the AMOCO warehouse at Midwest in Natrona County, Wyoming approximately a week prior to this theft inquiring whether they had any drill bits for sale. He may have examined the drill bits on hand. On April 22, 1981, approximately twenty-five drill bits were stolen from this warehouse. On April 23, 1981, appellant offered some drill bits for sale to Wyoming Bit Company, leaving the bits with them for their examination. A law enforcement officer inspected these bits and determined from serial numbers that six of them were among those stolen from the AMOCO warehouse on April 22, 1981.

SECOND INCIDENT. Terra Resources had a number of used bits for sale upon bid. Approximately five days prior to the theft, appellant stopped at the Terra Resources warehouse at Casper, Natrona County, Wyoming, and examined these bits. The warehouseman pointed out which of the drill bits were for sale and which were not for sale. Six drill bits were pointed out to appellant as being in such good condition that they would not be put up for sale. On June 30, 1981, the drill bits were stolen. On July 6, 1981, appellant sold four drill bits to Northwest Tool Company of Evansville, Wyoming. On July 7, 1981, appellant sold two drill bits to Wyoming Bit Company. These six drill bits were determined to have been stolen from Terra Resources and were those pointed out to appellant as being in such good condition that they would not be put up for sale.

THIRD INCIDENT. On July 1, 1981, appellant was notified that some drill bits at ONCOR Warehouse at Mills, Natrona County, Wyoming, were being offered for sale upon bid. That same day appellant stopped at the warehouse to examine the bits. He was driving a red pickup truck with dual rear wheels. He entered a bid to purchase the bits. He was advised that three bids were required before the bits could be sold and that they would be sold to the highest bidder. The next morning, July 2, 1981, at 9:00 a.m., an employee of ONCOR noted there had been a break-in of the warehouse and that the bits were gone. He observed tire tracks backing up to the door of the warehouse from which these drill bits were stolen. He noted that the tracks were those of a vehicle with dual rear wheels. On July 6, 1981, appellant sold three drill bits to Northwest Tool Company. On July 7, 1981, appellant sold three drill bits to Wyoming Bit Company. These drill bits were examined and determined to be among those stolen from the ONCOR warehouse on July 2, 1981.

I SUFFICIENCY OF EVIDENCE

Appellant was charged in the above incidents in informations filed in three separate cases. These three cases were consolidated for trial.

The State had the burden of proving beyond a reasonable doubt that appellant

(1) received or concealed (two counts alleged received; one count alleged concealed)

(2) something of the value of $100 or upwards

(3) knowing the same to have been stolen. Section 6-7-304, W.S.1977, supra fn. 1; Russell v. State, Wyo., 583 P.2d 690 (1978).

Appellant concedes in his brief and in argument that the elements of the crime required to be proven, as set forth in paragraphs (1) and (2) above, were established by the State. That also clearly appears from the uncontroverted testimony and evidence in the record from the trial. In each instance the drill bits, positively identified by serial number, were stolen. Appellant possessed them; and, in each case, there was undisputed testimony they were of a value of more than one hundred dollars. Appellant denied that he knew they were stolen at the time that they were received by him or concealed. Appellant did not testify, as was his right. The burden properly rested with the State to prove that appellant received or concealed the drill bits "knowing the same to have been stolen." The sufficiency of evidence to establish this element of the crime is the only issue we need deal with in this appeal.

Whether an accused possessed knowledge that property, at the time it was received or concealed, was stolen property cannot often be proven by direct evidence, for it involves what is known or in the mind of another. Thus, we have stated,

" * * * proof of guilty knowledge, like proof of intent, is rarely capable of establishment by direct evidence, [and, therefore] circumstantial evidence--independent facts from which an inference of the ultimate fact to be established may rationally be drawn in light of common experience--most often is the only manner of proof available. * * * " Russell v. State, supra, 583 P.2d at 700.

Guilty knowledge may be established by direct evidence, circumstantial evidence, or by both types of evidence. No distinction is made between direct and circumstantial evidence. The weight to be given such evidence, together with reasonable inferences to be drawn therefrom, is for the jury, as is the question of the existence of guilty knowledge on the part of the accused. Murray v. State, Wyo., 671 P.2d 320 (1983); McCarty v. State, Wyo., 616 P.2d 782, 786 (1980); People v. Vann, 12 Cal.3d 220, 115 Cal.Rptr. 352, 524 P.2d 824 (1974). It is generally held that unexplained possession of recently stolen property is a strong circumstance suggesting guilty knowledge of the possessor. Some courts seem to hold that such possession alone, in and of itself, creates an inference of guilty knowledge from which a jury can find that the possessor knew the property was stolen at the time it was received by him. The great majority of courts hold, however, that proof of mere naked possession of recently stolen property not aided by other proof that the accused received it with knowledge that it was stolen, is insufficient to show guilty knowledge. We have aligned ourselves with the majority, holding that although naked possession of stolen property alone is a dominant, powerful, near conclusive circumstance, yet it is not enough by itself to give rise to an inference that the possessor held the requisite guilty knowledge. Russell v. State, supra. There must be some other evidence of circumstances surrounding possession of stolen property of sufficient weight and credibility from which, when considered with the fact of unexplained possession of recently stolen property, a reasonable juror could find beyond a reasonable doubt that the accused knew the property was stolen at the time it was received or concealed by him. State v. Tollett, 71 Wash.2d 806, 431 P.2d 168, 172 (1967), cert. denied 392 U.S. 914, 88 S.Ct 2076, 20 L.Ed.2d 1373 (1968); Wertheimer v. State, 201 Ind. 572, 169 N.E. 40, 44 (1929).

The question of guilty knowledge is one of fact to be determined by the jury. Dobson v. State, 239 Ind. 673, 158 N.E.2d 455 (1959). If there is substantial evidence from which a reasonable jury could find guilty knowledge beyond a reasonable doubt, that is sufficient and a reviewing court will not interfere with the jury's determination. Some examples of surrounding circumstances which, when coupled with unexplained recent possession of stolen property, have been held corroborative of and sufficient to support a finding of guilty knowledge, are: (a) attempts to dispose of the property at an amount considerably below its fair value; (b) an unusual manner of acquisition or dealing with the property; (c) knowledge of the accused beforehand of the location, nature, or value of the property later stolen; (d) prior possession of other stolen property by the accused; (e) the relative length of time between the theft and fact of possession; (f) admissions or contradictory or evasive statements by the accused; and (g) other incriminating evidence and circumstances surrounding the entire incident. Russell v. State, supra; Hutton v. State, Fla.App., 332 So.2d 686 (1976); State v. Graham, Fla., 238 So.2d 618 (1970); Jordan v. State, 219 Md. 36, 148 A.2d 292, cert. denied 361 U.S. 849, 80 S.Ct. 105, 4...