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English v. State

The state failed to show that the stolen washer and dryer that the defendant received from his brother had a value exceeding $500.

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A jury found Arthur English IV guilty of three counts of theft by receiving in connection with property he received from his brother. He appeals from the convictions. On appeal from a criminal conviction, the appellant no longer enjoys the presumption of innocence, and we view the evidence in a light most favorable to the verdict.1 So viewed, the evidence shows that English, who is an attorney, represented his brother John English in a civil suit without charging him a fee. In February 2001, soon after the civil case was resolved, John English and a friend, Michael Self, came to English’s home and gave English a washer and dryer to thank him for his legal assistance. English saw a microwave oven in his brother’s truck and asked about it. John English gave English the microwave oven as well.

In August 2001, English inquired about an all-terrain vehicle he saw on John English’s property. John English told him it belonged to a friend. English wanted to buy the vehicle, so he gave John English $3000 cash and told him to bring him the vehicle and a bill of sale, which he did. English stored the vehicle at the home of his father-in-law, Fred Lewis. Lewis had purchased a house and two acres of land on the English family farm property from English and English’s father in May 2004. English lived elsewhere.

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