Moped under $500
Court of Appeals of Kentucky.
D.L., A CHILD UNDER EIGHTEEN APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
-- February 17, 2012BEFORE: CAPERTON, CLAYTON, AND VANMETER, JUDGES.
BRIEFS FOR APPELLANT: Robert K. Strong Frankfort, Kentucky BRIEF FOR APPELLEE: Jack Conway Attorney General of Kentucky Jennifer O. True Assistant Attorney General Lexington, Kentucky
NOT TO BE PUBLISHED
OPINIONREVERSING AND REMANDING
D.L., a juvenile, appeals a Fayette Circuit Court order affirming a Fayette District Court order finding D.L. delinquent for the offense of receiving stolen property, more than $500, less than $10, 000. The adjudication stemmed from D.L.'s possession of a severely damaged stolen moped. The court ordered D.L. to pay $1391 in restitution to the victim of the theft.
On appeal, the parties present two issues, namely: (1) whether the Commonwealth introduced sufficient evidence to sustain their burden of proof regarding receiving stolen property, more than $500; and (2) whether the order of restitution was in error. Having determined that the Commonwealth failed to sustain their burden of proof regarding receiving stolen property, more than $500, we necessarily reverse and remand this matter in its entirety for further proceedings not inconsistent with this opinion.
The facts of this appeal were testified to at the July 2, 2010, adjudication hearing before the district court. At the hearing, the Commonwealth called two Lexington police officers, Officers Garth and Carter, and the victim of the theft, Patricia Schmittfull. Officer Garth testified that he responded to a call regarding the theft of a moped on April 23, 2010. During his investigation, Officer Garth spoke with Schmittfull, who reported the theft of her recently purchased moped from her apartment complex. Schmittfull testified that she had purchased the moped for $2000.00 in the autumn of 2009. She testified that upon the return of the moped, the frame was “messed up” and the blinkers, steering and the starting mechanism were severely damaged.
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So this is your story now.2011-10-22 09:07:49 by LivisshortDtissure
""One more thing that makes me angry, is the realization that we let them control us, and dictate our moods, by allowing them to make us angry. This kinda becomes a vicious cycle, and the best way to end it is to simply throw it away, like an old pair of socks that are worn out but we keep wearing. ""
She was mean and controlling,,, Really.
You mope around here for 4 yrs, crying about the mean and controlling woman, who isn't here anymore.
The woman who pushed your buttons and and dictated your moods.
The person who made you sooooooo mad. She was such a mean ole pair of socks
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