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Tag Archives: possession of stolen goods

Criminal Practice – Extortion – Entitlement – Threats of Violence – First Impression — Evidence – New Trial – Possession of Stolen Goods – Constructive Possession (access required)

State v. Privette Even if defendant was innocent of the charges for which he was jailed, he could still commit extortion by threatening to assault or kill the guilty party if he did not turn himself in. Nevertheless, evidence of hypothetical violence (what defendant said he would do to his wife if she were a man) should not have been admitted.

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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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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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Criminal Practice – Possession of Stolen Goods – Unauthorized Use of a Motor Vehicle – Not Lesser Included Offense (access required)

State v. Nickerson An essential element of the offense of unauthorized use of a motor vehicle is that the property at issue be a “motor-propelled conveyance.” In order to prove possession of stolen goods, the state need not prove that defendant had a “motor-propelled conveyance”; rather the state need only prove that the property in defendant’s possession is any type of personal property. As such, unauthorized use of a motor vehicle has an essential element not found in the definition of possession of stolen goods. Therefore, unauthorized use of a motor vehicle is not a lesser included offense of possession of stolen goods.

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Dubious Deeds  (access required)

On June 1, a real estate agent was showing a house to a couple in the Union County town of Weddington. While the couple checked out the basement of the house in the 1000 block of Antioch Woods Lane, two men, Asaru A. Ali and Kenneth W. Lewis, suddenly showed up, according to Detective Brian Keziah of the Union County Sheriff’s Department. Ali and Lewis had some news that took everyone by surprise, Keziah said. “These two guys came in, showed the purported deed and said the Moorish Temple now owned this house,” he said. “They took over the house.”

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