Legal Opinion · Dissent

Thomas v. State

Court of Appeals of Arkansas

Decided October 26, 2011No. CA CR 10-1130Published

1DissentRita W. Gruber, Judge

I agree with the majority’s decision in this case to affirm the circuit court’s denial of the motion to suppress. I dissent only from the majority’s finding that the presumption applicable to recently stolen property did not arise under the facts of this case because the time was too remote.

A person commits the offense of theft by receiving if he or she receives, retains, or disposes of stolen property of another person, knowing that it was stolen or having good reason to believe that it was stolen. Ark.Code Ann. § 5-36-106(a) (Repl.2006). The unexplained possession or control by a person of…

2Cases cited4 opinions

  1. State v. LangdonSupreme Court of Missouri · 2003
  2. Wiley v. StateSupreme Court of Arkansas · 1909
  3. Doubleday v. StateCourt of Appeals of Arkansas · 2003
  4. Williams v. StateCourt of Appeals of Arkansas · 2005

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