State v. Harris
2015 UT App 282
| Utah Ct. App. | 2015Background
- Alarms triggered at a ski store in Ogden early morning; police respond and search scene.
- Harris is the only person seen near the Store minutes after alarms sounded.
- Harris fled the scene and was later apprehended; a glass shard from the door was found in his pocket.
- Bags with Store merchandise and burglary tools were found near the planter box in the Store courtyard.
- Exterior doors and locks showed pry marks and damage consistent with forced entry; damage totaled about $2,000.
- Court upheld denial of Harris’s directed verdict and affirmed his convictions for burglary, theft, criminal mischief, and possession of burglary tools.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary/theft/criminal mischief/possession | Harris lacked entry proof; presence and flight insufficient | Evidence too circumstantial to prove entry/possession | There was some evidence supporting each element and the verdict stands |
| Whether presence near scene plus flight can justify conviction | Mere presence does not prove entry | Combined with other facts, presence supports inference | Circumstantial evidence, when viewed with other factors, suffices to sustain the convictions |
| Constructive possession of tools and stolen merchandise | Proximity and recovery in bags do not prove possession | Proximity plus evidence supports constructive possession | Evidence adequate to infer constructive possession in context of the burglary |
Key Cases Cited
- State v. Montoya, 2004 UT 5 (Utah Supreme Court (2004)) (guides standard for reviewing directed verdicts and sufficiency)
- State v. Nielsen, 2014 UT 10 (Utah Supreme Court (2014)) (circumstantial evidence may prove guilt without direct evidence)
- State v. Lyman, 966 P.2d 278 (Utah Ct. App. 1998) (tests for sufficiency of circumstantial evidence)
- State v. Cristobal, 2014 UT App 55 (Utah Ct. App. 2014) (defines reasonable inferences from circumstantial evidence)
- Salt Lake City v. Carrera, 2015 UT 73 (Utah Supreme Court (2015)) (circumstantial evidence may be sufficient to prove guilt)
- State v. Holgate, 2000 UT 74 (Utah Supreme Court (2000)) (flight alone not enough; must be considered with other factors)