Wasp v. State
Decision Date | 08 July 1994 |
Citation | 647 So.2d 81 |
Parties | Faky WASP v. STATE. CR 93-299. |
Court | Alabama Court of Criminal Appeals |
Tim Fleming, Mobile, for appellant.
James H. Evans, Atty. Gen., and Lisa Gunter, Asst. Atty. Gen., for appellee.
Faky Wasp, the appellant, was convicted of receiving stolen property in the second degree and was sentenced as a habitual felony offender to 20 years' imprisonment. He raises three issues on this direct appeal from that conviction.
The appellant argues that the trial court erred by denying his motion for judgment of acquittal at the close of the State's case because the State failed to prove that the appellant knew that the property was stolen and failed to prove the value of the property.
The State's evidence showed that two television sets were stolen in a burglary which was committed in Point Clear, Alabama, on January 25, 1993. The appellant sold one of those televisions to Ms. Janice Knight of Fairhope, Alabama, for $40. That same television had been purchased in 1990 for $360. The police recovered this television on February 22, 1993. On that same date, the appellant gave a statement to the police, admitting that "he was there when the TV was stolen," but saying that he didn't steal it. The only thing he did was sell the TV." R. 148. An underwriting manager at Baldwin Mutual Insurance Company testified that the television would have a value of more than $200.
The appellant testified in his own behalf that he purchased the television from a man named "Jimmy" and that the only witness to this transaction, Albert Franklin, had died.
The State presented ample evidence that the appellant possessed property he knew to have been stolen.
McClellan v. State, 628 So.2d 1026, 1029 (Ala.Cr.App.1993). The State presented evidence that the appellant admitted to the police that he knew the television was stolen. See Craig v. State, 376 So.2d 803, 806 (Ala.Cr.App.), cert. denied, 376 So.2d 807 (Ala.1979) (). The accused's knowledge that the property was stolen may be proved by his declarations and admissions. Cf. Shaneyfelt v. State, 494 So.2d 804, 806 (Ala.Cr.App.1986) ( ).
"
Ashurst v. State, 462 So.2d 999, 1004 (Ala.Cr.App.1984). See also Sankey v. State, 568 So.2d 366, 369 (Ala.Cr.App.1990).
Although the State failed to prove the exact date on which the appellant was in actual possession of the property, the State presented ample evidence that the property possessed by the appellant had been recently stolen.
Waters v. State, 360 So.2d 358, 361-62 (Ala.Cr.App.), cert. denied, 360 So.2d 367 (Ala.1978). The evidence in this case indicates that the property was stolen, sold, and recovered in less than one month.
To sustain a conviction for receiving stolen property in the second degree, the value of the stolen property must exceed $100.00. Ala.Code 1975, § 13A-8-18. The State presented satisfactory evidence of the value of the stolen property exceeded that amount.
Daniel v. State, 439 So.2d 206, 209 (Ala.Cr.App.1983). Accord Lasley v. State, 418 So.2d 193, 194-95 (Ala.Cr.App.1982).
The trial judge properly denied the appellant's motion for a judgment of acquittal.
The appellant contends that the trial judge erred in refusing his motion for judgment of acquittal based on the premise that someone guilty of theft of property cannot also be found guilty of receiving stolen property. This is based on the appellant's admission to the police that he was present when the television was stolen. R. 179. However, the appellant testified at trial that he never made this statement and that the police officer told him that he knew the appellant had not stolen the television. R. 218-19. Because there was conflicting evidence concerning the appellant's participation in the theft, the motion for the judgment of acquittal was properly denied on this ground.
The appellant asserts that "[t]he trial court improperly charged the jury on the law concerning 'possession of recently stolen property' by giving conflicting charges on the subject." The appellant argues that the trial court "should not have given the charge to begin with." Appellant's brief at 11.
In this regard, the trial judge instructed the jury:
To continue reading
Request your trial-
Jolly v. State
...584 So.2d 544, 546 (Ala.Crim.App. 1991). See also Miller v. State, 645 So.2d 363, 366 (Ala.Crim.App.1994); and Wasp v. State, 647 So.2d 81, 84-85 (Ala.Crim.App. 1994). Therefore, Jolly failed to preserve this issue for our II. Second, Jolly argues that the trial court erroneously denied his......
-
Wilkerson v. State
...supported by the evidence. Therefore, this issue is procedurally barred from appellate review for this reason as well. Wasp v. State, 647 So.2d 81 (Ala.Cr.App.1994). Even if the appellant had preserved this issue for appellate review, we would not find reversible error. Because the trial co......
-
Ex parte Howard
...stole the property in question. Ex parte Thomas, 445 So.2d 939 (Ala.1983); Scott v. State, 374 So.2d 316 (Ala.1979); Wasp v. State, 647 So.2d 81, 83 (Ala.Crim.App.1994); Dixon v. State, 536 So.2d 959, 961 (Ala.Crim.App.1988); Ogle v. State, 386 So.2d 493 (Ala.Crim.App.1980); Nicholson v. St......
-
Stoinski v. State
...stole the property in question. Ex parte Thomas, 445 So.2d 939 (Ala. 1983); Scott v. State, 374 So.2d 316 (Ala. 1979); Wasp v. State, 647 So.2d 81, 83 (Ala.Crim.App.1994); Dixon v. State, 536 So.2d 959, 961 (Ala.Crim.App.1988); Ogle v. State, 386 So.2d 493 (Ala.Crim. App.1980); Nicholson v.......