State v. Cole

OPINION

BROOKS, Judge.

Appellant (defendant) was charged by indictment with one count of theft of property with a value of $1,000 or more, a class 3 felony. The indictment alleged that defendant had knowingly controlled a 1985 Cadillac, property of Southwest Auto Auction, knowing or having reason to know that it was stolen, in violation of A.R.S. § 13-1802. A jury found defendant guilty as charged, and he was sentenced to 7.5 years imprisonment. The sole issue on appeal is whether the trial court committed fundamental error in its instructions to the jury. The facts, taken in a light most…