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Reese v. State

The circumstances prior to and upon the defendant's apprehension supported an inference that he knew the items in his possession were stolen.

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A jury found William Reese guilty of criminal trespass1 and felony theft by receiving stolen property.2 He now appeals from the trial court’s denial of his motion for new trial, contending that 1 the evidence was insufficient to support the verdict, 2 the trial court erroneously admitted certain evidence, 3 his trial counsel was ineffective, and 4 the trial court erroneously failed to probate a portion of Reese’s sentence. For the reasons that follow, we affirm. Construed in favor of the verdict,3 the evidence shows that in April 2008, Reese approached an apartment occupied by George Henderson, whom Reese did not know. Reese pounded on the door, but Henderson did not recognize Reese and did not answer the door. Henderson observed Reese go to the back of the apartment and look through a rear window. Hearing a dog barking inside the apartment, Reese approached a different window, broke it, and began entering a bedroom through the window. The dog chased Reese out the window, and Henderson ran outside the apartment to confront Reese. Reese said he was “here to see Cheryl,” a person unknown to Henderson, and attempted to flee. Henderson chased down Reese and physically restrained him until a bystander called the police, who arrived shortly thereafter.

The responding officer arrested Reese based on Henderson’s description of events. When searching Reese’s pockets incident to the arrest, the officer found women’s jewelry, a cell phone, and a credit card with the name Carie Agnew. A detective dialed a contact listed as “home” on the cell phone and reached a woman named Pamela Slayback, who later identified the phone and jewelry as items stolen from her home the day before.

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