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Home / Courts / Criminal Practice – Possession of Stolen Goods – Defendant’s Knowledge – Sentencing – On Probation – Counsel’s Stipulation (access required)

Criminal Practice – Possession of Stolen Goods – Defendant’s Knowledge – Sentencing – On Probation – Counsel’s Stipulation (access required)

State v. Cannon Where the state showed only that (1) the stolen four-wheeler had undergone cosmetic changes, its decals and stickers having been pulled off and a different decal having been affixed to it; (2) defendant twice drove to his cousin’s house on the four-wheeler, which a deputy had towed away after defendant’s arrest; and (3) the sheriff’s department later learned that the four-wheeler had been stolen from Halifax County, and where there is no evidence in the record as to how defendant gained possession of the four-wheeler, the state failed to prove that defendant knew or should reasonably have known that the four-wheeler was stolen. The trial court should have granted defendant’s motion to dismiss the charge of possession of stolen goods.

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