Savage v. State
2017 Ark. App. 261
| Ark. Ct. App. | 2017Background
- Defendant Charles Savage, Jr. was convicted by an Ashley County jury of theft of property and first-degree criminal mischief after copper wire was cut from an agricultural irrigation pivot on Larry Pieroni Farms.
- Farm manager Amondo Mondragon discovered the damaged pivot, reported it to Pieroni, and called law enforcement; police found cut wire, four-wheeler tracks from the pivot to Savage’s property, and matching tire tread on a four-wheeler in Savage’s shed.
- Officers found rust residue in Savage’s vehicle, seven spots indicating a heavy rolled object on his property, and surveillance/receipt evidence showing Savage sold ~259 pounds of copper to a scrap yard despite denying it to police.
- Savage lied to officers about selling scrap and offered shifting explanations (including blaming the mayor or theft after burning scrap). After arrest he told his parole officer he had “f’ed up.”
- The jury verdict form for the guilt phase mistakenly read “theft by receiving” (though charge, instructions, and sentencing-phase form were for theft of property); no contemporaneous objection was made at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for theft of property | State: evidence (tracks, matching four-wheeler, rust residue, scrap-sale proof, admissions) supports unauthorized taking of pivot wire belonging to Pieroni Farms | Savage: trial motion argued State failed to prove pivot belonged to another (and on appeal attempted to argue identity of taker) | Court: Evidence viewed in State’s favor was substantial to show wire belonged to Pieroni Farms and Savage exercised unauthorized control; conviction affirmed |
| Verdict-form error (guilty form said "theft by receiving") | State: not explicitly argued; overall record shows theft-of-property trial and verdict | Savage: contends conviction/sentence were for theft by receiving, a charge not tried | Court: Failure to object at trial waived the irregularity; context (charges, instructions, sentencing-phase form, jury polling) shows clerical error and conviction is for theft of property; affirmed |
Key Cases Cited
- McBride v. State, 99 Ark. App. 146, 257 S.W.3d 914 (appellate sufficiency-review standard)
- Stewart v. State, 362 Ark. 400, 208 S.W.3d 768 (verdict must be supported by substantial evidence)
- Bonds v. State, 310 Ark. 541, 837 S.W.2d 881 (must raise verdict-form objections at trial to preserve issue)
- Adams v. State, 2009 Ark. 375, 326 S.W.3d 764 (failure to contemporaneously object to jury-verdict irregularity waives the issue)
- Ply v. State, 270 Ark. 554, 606 S.W.2d 556 (timing for raising verdict-form objections; may be at verdict, sentencing, or new-trial motion)
- Curtis v. State, 279 Ark. 64, 648 S.W.2d 487 (clerical error on verdict form can be harmless where record shows clear intent)