Pena v. State

After a jury trial, Defendant was convicted of larceny. The district court revoked Defendant’s probation from a previous case and imposed the remainder of Defendant’s sentence. Defendant appealed in both cases. The Supreme Court affirmed both the probation revocation and the judgment and sentence on the larceny conviction, holding (1) the district court properly revoked Defendant’s probation from the previous case while the larceny case was still pending on appeal; and (2) the district court did not err in the larceny case by providing the jury with an instruction that stated the possession of recently stolen property, when supported by slight corroborative evidence, may support the inference that the possessor participated in the theft; and (3) there was sufficient evidence to convict Defendant of larceny. View "Pena v. State" on Justia Law