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Peoples v. State

The defendants' convictions did not merge for sentencing purposes, since each offense required proof that the other did not.

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A Newton County jury found Anthony Eugene Peoples guilty of theft by receiving and theft by taking as a lesser included offense of armed robbery, and the trial court sentenced him for both offenses under the First Offender Act.1 Peoples contends that the trial court erred in failing to merge the theft by receiving offense into the theft by taking offense. For the reasons set forth below, we disagree and affirm. Viewed in a light most favorable to the jury’s verdict, the evidence shows that between March 24 and March 26, 2007, 56 handguns were stolen from a Newton County sporting goods store known as Piedmont Outdoors. On March 26, 2007, Chancey Hope was in possession of one of these guns. According to Hope, he purchased the weapon from an acquaintance, and he did not believe that the weapon had been stolen.

Also on March 26, 2007, Hope arranged to meet with Peoples outside a house in Newton County for the purpose of selling the gun to Peoples. Peoples drove to the meeting with two other men and exited the vehicle to inspect the gun. Peoples then asked Hope to get in the backseat and show the firearm to the front-seat passenger, who would be the actual purchaser. According to Hope, he entered the automobile and handed the weapon to the passenger, who then pulled out a different gun, pointed it at Hope’s face, and told Hope to “get out of the car before you get shot in your face.” Hope exited the vehicle, and Peoples drove away, but Hope followed in his own vehicle and called the police.

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