Petty v. State

The state did not have to prove that someone else was the thief of a stolen car the defendant was driving in order to convict him of theft by receiving stolen property.

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Patrick Anthony Petty appeals following his conviction for theft by receiving stolen property. We affirm. The evidence at trial shows that Eric Gentile, a resident of Gainesville, Georgia, parked his car, a black 1986 Oldsmobile Cutlass, in his driveway after arriving home from work between 11:00 and 11:30 p. m. on February 6, 2003. He removed the keys and locked the car. Early the next morning, Forsyth County Deputy Sheriff Robert Heagerty received a lookout notice for a black Oldsmobile that was “all over the roadway” traveling on State Highway 369 from Hall County. The weather was cold and rainy. Heagerty located the car on Highway 369 and pulled in behind it at 1:13 a.m. He activated his video camera and blue lights after he saw the car weave over the yellow line and ride along the fog line.

After passing three suitable places to pull over, Petty, who was driving the Oldsmobile, pulled into a car dealership. Petty stepped out of the car before Heagerty got out of his police car, and the two met at the rear of the Oldsmobile, which was still running. Heagerty explained the reason for the stop and asked Petty for his driver’s license. The officer also asked Petty why he had delayed in pulling over. Petty replied that his windows were fogged and he could not see a safe location to stop. He also said that he did not have his driver’s license with him. Petty identified himself as Harrison Petty and gave a date of birth. He told the officer that the car belonged to him. The officer determined from a computer check that there was no information on “Harrison Petty” and that the car was registered to Gentile. The officer then confirmed with Petty that the car was his and asked if he knew Gentile. Petty said that Gentile was his cousin’s friend and that his cousin had purchased the car from Gentile.

Petty v. State

The state did not have to prove that someone else was the thief of a stolen car the defendant was driving in order to convict him of theft by receiving stolen property.

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