Willamette Law Online

Oregon Court of Appeals


State v. Holcomb

Summarized by: 

Date Filed: 12-07-2011
Case #: A143619
Brewer, C.J. for the Court; Edmonds, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A143619.pdf

Criminal Law: Based on inferences made by the court, a defendant can be found guilty for transporting an accomplice and parking outside the scene during a burglary, regardless of knowledge of accomplice's intents.

Anthony Holcomb was charged with first-degree burglary for aiding and abetting. Holcomb drove his accomplice to the victim’s residence, the accomplice entered the garage, carried out various items, and loaded them into the car. The victim saw Holcomb parked, and later identified him as the driver. The trial court denied Holcomb’s motion for judgment of acquittal, and found him guilty. On appeal, Holcomb argued that the evidence did not show that he brought the accomplice to the residence knowing of the accomplice's intent to unlawfully enter. He also argued that there was not sufficient evidence that he knew the items were in the vehicle. The Court of Appeals concluded that the evidence showed that Holcomb was in the vicinity when the accomplice made unlawful entry. The evidence supported an inference that he transported stolen items away from the scene after the victim said that the police were on their way. The Court found that the trial court did not err in denying the motion for a judgment of acquittal. Affirmed.