Kennon v. State

Judge Harold R. Banke.

Eugene Kennon was convicted of theft by receiving stolen property, possession of tools for commission of crime, loitering, driving under the influence, habitual violator, attempting to elude, and speeding. On appeal, Kennon contests only his convictions for theft, possession of tools, and driving under the influence.

The evidence, when viewed in a light most favorable to the verdict, showed that at about 11:00 p.m., Deputy Lyle Mathis observed a pick-up truck lurking behind a furniture warehouse that is not open to the public at any time. When Mathis turned his marked…