State v. Hernandez
State v. Hernandez
Opinion of the Court
Appellant was convicted of first degree burglary and grand theft. He was sentenced to from 4 to '5 years' on the first' count and from 5 to 10 years on the second count. He was represented by counsel at the trial. He filed his notice of appeal in
We have examined the record and transcript of testimony and find no error. The State’s case was based on the circumstantial evidence that the defendant was found in the possession of stolen property within hours of the time the theft was discovered. He had no satisfactory explanation for having the property in his possession. The premises from which the property was taken had been broken into during the night time. There was other competent evidence consisting of the fact that a- crowbar, tire iron, and screwdriver were found in appellant’s car. He had chemicals on his shoes consistent with chemicals spilled on the floor of the burglarized premises. He made an admission against interest to the police who testified he had offered to “cop out” if he was given probation. The trial court properly instructed the jury on the effect of circumstantial evidence and on the weight to be given the possession of recently stolen property. The record contains sufficient evidence to justify the jury in returning a verdict of guilty and no testimony which would have improperly prejudiced the jury was brought out at the trial.
Affirmed.
Reference
- Full Case Name
- The STATE of Arizona v. Felix Genaro HERNANDEZ
- Status
- Published