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Phillips v. United States

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Appeal from the Superior Court of the District of Columbia (Hon. Robert I. Richter, Trial Judge)

Submitted October 3, 2000

After a trial by jury, appellant Phillips was convicted on five counts related to the theft and destruction of an automobile. Count I charged appellant with destruction of property valued at or greater than $200, *fn1 Count II charged appellant with receipt of stolen property valued at or greater than $250, *fn2 Count III charged appellant with first-degree theft of property valued at or greater than $250, *fn3 Count IV charged appellant with unauthorized use of a vehicle; *fn4 and Count V charged appellant with assault of a police officer. *fn5 On appeal, appellant argues that the evidence was insufficient to show that he had stolen the car or that he had damaged the car. He likewise contends that the government failed to establish the value of the car. Finally, he argues that he cannot be convicted of both theft and receipt of stolen property. We affirm the convictions on Counts I, III, IV, and V, but upon concession of the government we reverse the conviction on Count II.

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