People v. Waln

Defendants, Keith Wain and Scott Rhoades, were charged in the circuit court of Monroe County with possession of burglary tools. Wain was also charged with solicitation to commit burglary. A codefendant, Terry Bass, was charged with Wain and Rhoades; however, his case was severed. Wain and Rhoades were tried before a jury and found guilty of possessing burglary tools. Wain was acquitted of solicitation. Defendants brought separate appeals which have been consolidated for review.

At trial, Kevin Sweet, a deputy sheriff of Monroe County, testified that he was on patrol at approximately 9 p.m. on…