A jury fоund appellant guilty of receiving stolen property and unauthorized use of a motor vehicle (UUV), а Raptor “four-wheeler” all-terrain vehicle (ATV).
First, appellant contends that the trial judge erred in determining, as a matter of law, that an ATV is a “motor vehicle” within the meaning of the UUV statute. See D.C.Code § 22-3215(a) (2001). Appellant dоes not contend that an ATV “can never be a ‘motor vehicle’ for purposes of the UUV statute” (Br. for App. at 10); nor does he dispute that the jury was allowed to decide whether the vehicle he was driving wаs an ATV and thus — under the trial
Appellant confuses an issue of fact with one of law, as this court’s decision in United States v. Stancil,
Appellant suggests that Apprendi v. New Jersey,
Himself trying to exploit Standi, appellant further argues that only if an ATV has “an internal combustion engine” may it constitute a motor vehicle for UUV purposes, and the government presented no evidence that his vehicle had that kind of motor — rather than a “power source” consisting merely of a battery, ignition, and “wires.” This appears to be a restatement of аppellant’s pretrial argument (otherwise abandoned, see note 3, supra) that his ATV was not a motor vehicle as a matter of law. In any event, Standi mentioned an internal combustion engine — a feature, it noted, of motorcycles — only because of its conclusion that a moped is “a
Affirmed.
Notes
. The owner had bought the ATV new in 2002 for $7200.
. D.C.Code § 22-3215(a) states that, "[flor purposes of this section, the term 'motor vehicle' means any automоbile, self-propelled mobile home, motorcycle, truck, truck tractor, truck tractor within semitrailer or trailer, or bus.”
. "Appellant is not appealing the denial of his motion to dismiss” (Br. for App. at 10).
. In his testimony, аppellant admitted that he "flipped" on a "kill switch" to start the Raptor, meaning that he was starting the vehicle’s engine or motor.
. Contrary to appellant’s additional arguments, there was legally sufficient evidence of who owned the ATV and of appellant’s knowledge that the vehicle he had recеived was stolen and its use unauthorized. See generally Moore v. United States,
