Was stolen was improperly admitted, that the trial court erroneously defined the term "aiding and abetting" to the jury, and that the verdicts of guilty are against the manifest weight of the evidence. 4 In essence, he contends that the computer print-out showing that the license plate * She stated that she had not seen the car before, that she did not know that it was stolen, and that she did not see the screwdriver in the car.Īppellant has assigned four errors for review by this court on appeal. He told the women to walk away, but he arrested the men. She stated that as Sanders was getting ready to start the car, Officer Paskvan came up to the car and ordered them out of it. She stated that they walked to the King's Bar, that they were there for only one hour, and that it was appellant who asked Sanders for a ride. Some of the particulars of her testimony differed from that of appellant's. 3 He denied saying to Officer Paskvan that the women "don't know anything about this." He also testified that he did not know that the license plate was stolen, and that he did not notice the damage to the steering wheel. Sanders earlier that day, that he had never seen the automobile before, and that he did not know that it was stolen. The police immediately pulled alongside the automobile and ordered the occupants out.Īppellant stated that he had not seen Mr. Sanders' daughter, Carla, was sitting on the passenger side in the front seat. Milan left the bar and entered the rear seat of the automobile which was parked in front of the bar.
Sanders agreed, if they would give him some money for gas. They took a taxi cab to the tavern because appellant does not own an automobile. He testified that he and two women friends (Denise Milan and Rosemary Anglin) arrived at the King's Bar at about 7:30 p.m. The appellant took the stand on his own behalf. The print-out was admitted into evidence over appellant's objections as State's Exhibit No.
Instead, Officer Paskvan identified a computer print-out which indicated that the plates were stolen. The owner of the license plates was not called to testify. Roosevelt Thomas testified that he was the owner of the automobile, that it was stolen from him, and that he did not know Mr. Officer Paskvan explained, "I'm a male chauvinist. Why didn't we let them go?" The police released the women at the scene and did not mention them in the police report of this incident. Upon his arrest, appellant allegedly stated to the police, "the girls didn't know nothing about it. The appellant, Clayborn Sims, was in the rear seat, sitting next to two women.
#Sims 3 vehicles with state license plate driver#
The driver of the automobile was Joseph Sanders. The vehicle identification number on the dashboard was also checked through the computer, and the results indicated that the car was stolen. Ignition lock had also been removed, and that the car was probably started with a screwdriver lying on the front seat. A computer check of the license plate revealed that the plate had been stolen. He stated that the vehicle contained four passengers. Officer Paskvan stated that he observed a 1975 Cadillac with a punched out trunk lock parked in front of the King's Bar, at about 1:00 a.m. The criminal tool which was the subject of the third count of the indictment was a screwdriver found on the front seat of the car.Īppellant was convicted on the testimony of patrolman Paskvan of the Cleveland Police Department. The stolen property which was the basis for the first two counts of the indictment was the motor vehicle and the license plates. 2 He was arrested while a passenger in a stolen car. 2913.51), 1 and one count of possession of criminal tools (R.C. Appellant was indicted and subsequently convicted of two counts of receiving stolen property (R.C.
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