Avett v. State

In finding Eric Avett guilty of the offense of theft by receiving, the trial judge heard the state’s case and Avett’s testimony in defense. During the prosecutor’s cross-examination of Avett, Avett admitted he was a three-time felon, which included convictions for theft, burglary and possession of a controlled substance. Reduced to its simplest terms, the majority court, in reversing the trial judge’s decision, holds the judge could not disbelieve Avett’s explanation that he was only a passenger in the stolen van when it was stopped by the police. If there was ever a case where this court has…