APPEAL
FROM THE PULASKI COUNTY CIRCUIT COURT, FOURTH DIVISION [NO.
60CR-18-1169] HONORABLE HERBERT WRIGHT, JUDGE
William R. Simpson, Jr., Public Defender, by: Clint Miller,
Deputy Public Defender, for appellant.
Leslie
Rutledge, Att'y Gen., by: Rebecca Bailey Kane, Ass't
Att'y Gen., for appellee.
ROBERT
J. GLADWIN, Judge
Appellant
Paul Beene appeals his conviction in the Pulaski County
Circuit Court on a charge of felony theft by receiving. His
sole point on appeal is a challenge to the sufficiency of the
evidence. We affirm.
I.
Facts
On
April 2, 2018, the State filed an information alleging that
on or about March 20, appellant committed two felony
offenses: (1) theft by receiving of a vehicle with a value of
$5, 000 or less, but more than $1, 000, a Class D felony as
defined in Ark. Code Ann. § 5-36-106(a), (e)(3)(A)
(Repl. 2013); and (2) fleeing by means of a vehicle under
circumstances manifesting extreme indifference to the value
of human life, a Class D felony as defined in Ark. Code Ann.
§ 5-54-125(a), (d)(2) (Repl. 2016). The State also
alleged that appellant is a habitual offender with four or
more prior felony convictions.
On
September 11, appellant stood trial in the Pulaski County
Circuit Court. The State's proof regarding the stolen
vehicle was provided primarily by the vehicle's owner,
Corsheatia Lomax. Ms. Lomax, who previously had dated
appellant, testified that her vehicle was stolen on March 20,
2018. Ms. Lomax described her vehicle and its value as
follows:
The type of vehicle it was, was a two thousand six burgundy
TrailBlazer. I purchased that vehicle in the early part of
2017. How much I paid for it was thirty-nine hundred. I am
not still making payments on that vehicle. How many miles
that vehicle had on it was like 140-something thousand miles
on it. In March of this last year, if I were going to have
sold it, what I would have sold it for was about three
thousand.
On
cross-examination, Ms. Lomax confirmed that she would try to
sell her vehicle for $3, 000 but that she had not sold the
vehicle and still owned it.
Appellant's
counsel preserved the issue for appeal by moving for
dismissal of the theft-by-receiving charge at the close of
presentation of all the evidence:
At this time, I'd like to make a motion to dismiss. As to
Count 1 specifically, he is charged with theft by receiving
of a 2006 Chevy TrailBlazer with, the witness testified, had
approximately 100 thousand, 150 thousand miles on it. She did
not give any proof of any value that the vehicle was worth at
least a thousand dollars. She did say she would like to sell
it for three thousand dollars. She did not give any proof
that she'd be able to [sell] it for two thousand dollars.
She did not give any testimony to what kind of shape the
vehicle was in, whether or not the tires were new, whether or
not the frame was bent, whether or not there was [sic]
scratches, dents, anything that would affect the value. There
was [sic] no pictures presented of said vehicle so the Court
could see what kind of condition it was in. I am requesting
that be reduced to a misdemeanor theft by receiving. State
has not showed value up to a thousand dollars.
The
circuit court denied counsel's motion to dismiss, found
appellant guilty of both charges, and found that appellant is
a habitual offender with four or more prior felony
convictions. Appellant was sentenced to an aggregate sentence
of three years' imprisonment in the Arkansas Department
of Correction pursuant to a sentencing order entered on
October 9, 2018. He filed his timely notice of appeal on
November 1, 2018.
II.
Standard of Review ...