Thomas v. State
2011 Ark. App. 637
| Ark. Ct. App. | 2011Background
- Appellant Robert Lee Thomas, Jr. was tried by bench and found guilty of possession of a firearm by certain persons and theft by receiving property valued under $2,500 but over $500.
- Thomas was sentenced as a habitual offender to concurrent terms of 360 months for felon-in-possession and 120 months for theft by receiving.
- On appeal, Thomas challenges the denial of his motion to dismiss the theft-by-receiving charge and the denial of his motion to suppress evidence from his car.
- During a January 24, 2009 traffic stop Thomas was arrested for driving on a suspended license; a firearm was found under the driver’s seat during an inventory.
- The circuit court denied the suppression motion, ruling the gun was in plain view and would have been discovered during inventory.
- The appellate court affirmed the felon-in-possession conviction but reversed and dismissed the theft-by-receiving conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for theft by receiving | Thomas | Thomas | The state failed to prove knowledge or reasonable belief that the gun was stolen; conviction reversed and dismissed. |
| Motion to suppress evidence | Thomas | Thomas | Suppression affirmed on independent grounds; conviction for felon-in-possession affirmed, suppression issue not reached on merits. |
Key Cases Cited
- Williams v. State, 93 Ark. App. 353, 219 S.W.3d 676 (2005) (unexplained possession of recently stolen gun supports knowledge of theft)
- Doubleday v. State, 84 Ark. App. 194, 138 S.W.3d 112 (2003) (14 months too long for presumption of recency)
- Ross v. State, 346 Ark. 225, 57 S.W.3d 152 (2001) (circumstantial-evidence standard; excludes innocence beyond speculation)
- Wiley v. State, 92 Ark. 586, 124 S.W.249 (1909) (factors to determine whether possession was recently stolen (beyond time))
- Cora v. State, 2009 Ark. App. 431, 319 S.W.3d 281 (2009) (standard for reviewing sufficiency of evidence; bench trial treated as motion to dismiss)
- Eaton v. State, 249 S.W.3d 812, 2007 (Ark. App. 2007) (requisite intent in theft by receiving when possession is unexplained)