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Wynn v. State

The evidence supported an inference that the defendant knew or should have known that one of the vehicles parked in his yard at the time of his arrest was stolen.

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Robert Lee Wynn appeals following his conviction on two counts of theft by receiving a motor vehicle. We affirm. Viewed in the light most favorable to the verdict, the evidence showed that on the morning of September 18, 2002, Wynn was arrested outside his residence in Athens, Georgia. Wynn’s daughter, Roberta, was the principal resident of the property, and Wynn lived in the garage. At the time Wynn was arrested, he was driving a white flatbed tow truck. A black pickup was parked in the yard of the residence. The ignition system of both vehicles had been tampered with, and both had been reported as stolen. The ignition wires behind the dashboard had been pulled out, and one witness testified that there was a hole in the dashboard. The wrecker was taken from a towing company in Norcross, Georgia, and the black pickup truck had been stolen from a used car lot on the same street. Each vehicle had been stolen either on the evening of September 17 or the early morning of September 18, 2002. Police searched Wynn at the time of his arrest and seized wire strippers, a folding knife, an ignition, two sets of keys, a utility tool and a wired fuse.

Based upon this evidence, the jury convicted Wynn. At a subsequent sentencing hearing, the state presented evidence of three prior felony convictions in aggravation of punishment, and the trial court sentenced Wynn as a recidivist to a total of ten years, with five to serve.

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