Carter v. State

Evidence that the defendant installed a water supply line for his home with used materials that were not approved by the county supported his conviction for violating a county ordinance.

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A jury found Anthony J. Carter guilty of violating several Fayette County ordinances and a stop work order during construction he performed on his property in the county. Carter appealed, pro se, asserting that the evidence produced at trial was insufficient to support the verdict, that he was given an excessive sentence, and that the trial judge erred in denying his motion for recusal. Finding the evidence sufficient and no reversible error, we affirm. 1. In reviewing the sufficiency of the evidence, we view that evidence in a light most favorable to support the jury’s verdict, and we will uphold the verdict if a rational trier of fact could have found the essential elements of the crimes beyond a reasonable doubt.1 Viewed in this manner, the evidence at trial shows that on August 31, 2001, Fayette County issued Carter a building permit to “move” a prefabricated residence onto a 12.35 acre parcel of land he owned. The charges against Carter arose out of construction he performed on the property in violation of county ordinances and a stop work order.

a One of the ordinance violations concerned Carter’s installation of used materials in constructing a water supply line for his home. The evidence shows that, after the home was moved to the site, Carter installed a water supply line and contacted the county to inspect the line. The inspector, William Cushing, discovered that Carter had constructed the line with used PVC pipe and corroded metal couplings with mismatched threads. Before approving the water supply line, Cushing went back to his office to research whether Carter was authorized to use such materials. When Cushing returned to the site the following day, the line was buried. Cushing left Carter a notice that the line was rejected due to the used pipe and provided him with excerpts of the Standard Plumbing Code, which further explained the deficiencies. Cushing was never called back to reinspect the line.

Carter v. State

Evidence that the defendant installed a water supply line for his home with used materials that were not approved by the county supported his conviction for violating a county ordinance.

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