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Criminal Law Keyed to Gershowitz
State v. Chester
Citation:
707 So. 2d 973.Facts
On the night of February 22, 1994, the truck owned by John Lawrence disappeared from the carport of his home. The truck also had thousands of dollars worth of tools that he used in his construction business in it.
In the early morning hours of February 23, 1994, the defendant tried to sell a toolbox. Some of the tools had Lawrence’s initials on them but were not visible to casual inspection when the defendant opened the box and displayed the wrenches. He offered the toolbox for 35 dollars because he “needed gas” for a trip to New Orleans. He settled for 30 dollars.
Lawrence testified at trial that the offset wrenches, specialty tools difficult to find, alone cost 100 dollars each. In all, according to the victim’s estimates, the defendant had sold approximately 800 dollars worth of equipment to Johnson for 30 dollars. The defendant was convicted of possession of stolen property. The Court of Appeals reversed on the grounds that “without additional circumstantial evidence concerning the defendant’s acquisition of the [stolen property] . . . the state’s proof of the crime is not constitutionally sufficient in this case.” The State appealed.
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9m 29s
