STATE of Louisiana
v.
Ronnie CHESTER.
Supreme Court of Louisiana.
Richard P. Ieyoub, Atty. Gen., Scott M. Perrilloux, Dist. Atty., Zata Walker Ard, Hammond, for Applicant.
Lloyd S. Sibley, Livingston, for Respondent.
PER CURIAM.[*]
With the question of defendant's guilt turning at trial on his knowledge that the property in his possession had been the subject of a theft, the court of appeal reversed his conviction and sentence for possession of stolen property, La.R.S. 14:69, on 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." State v. Chester, 95-1428, p. 5 (La.App. 1st Cir. 3/27/97),
On the night of February 22, 1994, the truck owned by John Lawrence disappeared from the carport of his home in Hammond, Louisiana. Lawrence lost not only his vehicle but also several thousand dollars worth of *974 tools he used in his construction business. In the early morning hours of February 23, 1994, the defendant then appeared at the home of Charlie Johnson in Ponchatoula, Louisiana. The defendant was accompanied by a second individual who brought to Johnson's porch a toolbox containing over a dozen straight wrenches and four offset wrenches used to change hydraulic lines in heavy construction equipment. Lawrence's initials appeared on some of the wrenches but were not visible to casual inspection when the defendant opened the box and displayed the wrenches to Johnson. The defendant had known Johnson for several years and offered to sell him the toolbox and wrenches for 35 dollars because he "needed gas" for a trip to New Orleans. He settled for 30 dollars, all of the cash Johnson had with him that morning. The defendant left the tools with Johnson, who asked no questions about the property he had just acquired.
Johnson had occasionally worked for Lawrence clearing land at his construction sites, and he subsequently discovered that the tools had been stolen from his former employer, who reported the theft of his truck to the Tangipahoa Parish Sheriff's Office on February 23, 1994. Two days later, Lawrence recovered his property from the shed at the back of Johnson's home. 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.
In Louisiana, the "mere possession of stolen property does not create a presumption that the person in possession of the property received it with knowledge that it was stolen by someone else." State v. Ennis,
In this case, the state presented no direct or circumstantial evidence linking the defendant to the theft of Lawrence's truck. The state also presented no evidence of the circumstances under which the defendant came into possession of the stolen tools. Nevertheless, Lawrence's testimony provided jurors with direct evidence regarding the value of the tools, State v. McCray,
Accordingly, the judgment of the First Circuit is vacated and this case is remanded to the court of appeal for consideration of the remaining counselled and pro se assignments of error.
CONVICTION AND SENTENCE REINSTATED; CASE REMANDED TO THE COURT OF APPEAL.
NOTES
Notes
[*] Kimball, J., not on panel. See Rule IV, Part II, Sec. 3.
