State v. Phillips

CALABRIA, Judge.

Kevin Wayne Phillips (“defendant”) was arrested and indicted on five counts each of felonious possession of stolen property and felonious larceny based upon his alleged involvement in the theft of five four-wheelers in early December ¿001 from Parker’s Marine and Outdoors. Defendant was separately indicted for having attained the status of habitual felon. At trial, defendant moved to dismiss the charges at the close of the State’s case and specifically argued as to one of the larceny charges that it should be dismissed on the grounds that one of the stolen four-wheelers did…