STATE OF NORTH CAROLINA
v. Harnett County
No. 02 CRS 55524
SHAWN MICHAEL SEELEY
Attorney General Roy Cooper, by Assistant Attorney General
James C. Holloway, for the State.
Jeffrey Evan Noecker for defendant-appellant.
THORNBURG, Judge.
Defendant, Shawn Michael Seeley, appeals from a judgment
entered upon his conviction by a jury of felonious possession of
stolen goods. The State's evidence at trial tended to show that on
the morning of 7 August 2002, E.J. Womack awoke to find his red
1994 CJ5 Jeep missing. The Jeep had been parked under a shelter in
front of Womack's garage. Womack did not give anyone permission to
take his Jeep, which had a value of approximately $5,000.
On the evening of 9 August 2002, Charles Murchison heard a
vehicle drive up and down the road outside his house. Murchison
heard the vehicle turn into the driveway of his son's home, which
is approximately 100 yards away. Murchison walked to his son'shome and saw a red Jeep parked near his son's shop. Defendant was
in the driver's seat of the Jeep and three other men were standing
outside the vehicle. Defendant told Murchison that they were
looking for gas. Murchison, who knew defendant since he was six
years old, told defendant that there was no gas at his son's house
and to leave the premises. Defendant started backing out the Jeep,
but ran out of gas at the end of the driveway. Murchison went home
and told his wife to call the Sheriff. When Murchison walked to
the crest of the hill, he saw that defendant and the three men had
left the area. Sheriff deputies took possession of the Jeep and
processed the Jeep for fingerprints. Defendant's fingerprint was
found on the Jeep.
Defendant did not present any evidence. A jury found defendant
guilty of felonious possession of stolen goods and the trial court
sentenced defendant to eight to ten months in the custody of the
North Carolina Department of Corrections. Defendant appeals.
In his sole argument on appeal, defendant contends that the
trial court erred in denying his motion to dismiss based on
insufficiency of the evidence. In considering a motion to dismiss,
a court must determine whether there is substantial evidence of
each element of the charged offense. State v. Jones, 147 N.C. App.
527, 545, 556 S.E.2d 644, 655 (2001), disc. review denied, 355 N.C.
351, 562 S.E.2d 427 (2002). "Substantial evidence is such relevant
evidence as a reasonable mind might accept as adequate to support
a conclusion." State v. Smith, 300 N.C. 71, 78-79, 265 S.E.2d 164,
169 (1980). "[A]ll of the evidence, whether competent orincompetent, must be considered in the light most favorable to the
state, and the state is entitled to every reasonable inference
therefrom." Id. at 78, 265 S.E.2d at 169.
To obtain a conviction for possession of a stolen vehicle, the
State must provide substantial evidence (1) that defendant had
possession of the stolen car and (2) that defendant knew or had
reason to know the car was stolen. State v. Suitt, 94 N.C. App.
571, 573, 380 S.E.2d 570, 571 (1989). Defendant argues the State
presented no evidence that defendant knew or should have known the
vehicle was stolen. In State v. Parker, our Supreme Court noted
that a "defendant's 'guilty knowledge' could be either actual or
implied from [the] circumstances[.]" Parker, 316 N.C. 295, 303,
341 S.E.2d 555, 560 (1986). The Court stated, "[w]e have recognized
that an accused's flight is evidence of consciousness of guilt and
therefore of guilt itself." Id. at 304, 341 S.E.2d at 560.
Viewing the evidence in the light most favorable to the State
and giving the State every reasonable inference arising therefrom,
the evidence tends to show that defendant was observed driving the
Jeep two days after its theft and defendant abandoned the Jeep when
it ran out of gas. We conclude this evidence is sufficient to
permit a juror to find that defendant knew or should have known
that the vehicle in his possession was stolen. Accordingly, the
trial court properly denied defendant's motion to dismiss.
No error.
Judges HUDSON and STEELMAN concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***