PHIPPS, Presiding Judge.
A jury found Nathan Badie guilty of burglarizing a residence. Appealing his conviction therefor, Badie challenges the denial of his motion for a directed verdict of acquittal and the denial of his motion for new trial on the ground of ineffective assistance of counsel. We affirm.
1. Badie contends that the trial court erred by denying his motion for a directed verdict of acquittal.
The indictment charged that Badie, "during the period of time from April 24, 2010, through April 25, 2010 ... without authority, and with the intent to commit a theft therein, enter[ed] the dwelling house of another, to wit: Desse E. Davis."
The testimony of the state's witnesses, viewed in the light most favorable to the prosecution,
Property stolen from the home included a camera, checks, pieces of Davis's wife's jewelry, and a large plastic container that Davis had filled with coins — mostly quarters. The container had no lid and was almost too heavy for one man to carry. Davis testified that he had been saving the coins for 20 to 25 years. Several officers responded to Davis's police call, and he described to them the property taken from the home.
Davis recounted at trial that, during the two or three years before the burglary, someone had broken into his storage room. Also, on a few occasions, he had noticed the neighbor across the street "out in [the neighbor's] yard" — sometimes as late as 2:00 or 3:00 a.m. Davis recalled further that Badie sometimes visited that neighbor and that "[t]hey would be out in the yard." Because Davis perceived that he was being "watched," Davis revealed, "I try to leave early so people couldn't see me."
On Saturday, April 24, which was the day before the Davises returned to find their home burglarized, they had left their residence at about 5:15 a.m. Less than two hours later, Badie was seen in the vicinity of the Davises' residence struggling to haul a large, heavy container filled with coins, mostly quarters.
In that regard, the evidence showed that Badie was seen about 100 yards from the Davises' residence by a man sitting in a parked pickup truck. Badie approached the man and asked to be driven to a certain store because he needed to take his mother's coins there. When the man agreed, Badie first walked back to the area from which he had come, retrieved what the man described as a "five-gallon bucket" with some type of a bag inside, returned to the truck, placed the container on the bed of the truck, then took a seat beside the container for the ride to the store. The man was asked at trial:
Badie arrived at the store at about 7:30 a.m., carrying what the store manager described as a mechanic's tool bag. Badie walked directly to the store's coin counting machine. Badie proceeded to pour coins out of the bag and into the machine; he continued to do so for such an extended period that it attracted the attention of store personnel. When the machine tallied about $600, the store manager interrupted Badie to advise him that the machine's hopper would soon be full, that the store did not have large amounts of cash so early in the morning, and that he therefore would not be able to put all of the remaining coins into the machine. Badie told the manager that the coins belonged to his mother and him, but soon stopped pouring coins into the machine.
The receipt for Badie's coin transaction showed a date-time stamp of April 24, 2010 at 8:03 a.m.; it reflected that Badie had put
Meanwhile, because store personnel had become suspicious of what they viewed as a highly unusual transaction, they reported the matter to police. Later, a police detective, who had begun investigating the burglary at the Davises' residence, spoke with store employees. Based on information gathered therefrom, the detective interviewed Badie at the police station. During the interview, which was recorded and played for the jury, Badie stated that the coins were his (as opposed to his mother's, as he had told the driver of the pickup truck, and as opposed to his and his mother's, as he had told the store manager) and that he had been saving his change for approximately a year or a year and a half. When the detective questioned him about his ability to amass that amount of money by saving change during such time frame, Badie answered that he was a "good saver" and that the time period may have been longer. The detective asked Badie also what had happened to the coins that he carried out of the store, and Badie answered, without expressing much concern, that those coins had been stolen.
At the trial, Badie neither testified nor called any witnesses.
Challenging the sufficiency of the evidence, Badie points out that the state's case included no witness who identified him as the person who had broken into the Davises' residence; no DNA or fingerprint evidence placing him there; no evidence of any findings of a police search of his home (because the police admittedly did not search Badie's home); and nothing to explain the whereabouts of other property Davis testified had been taken during the burglary, including the large plastic container that had held coins. Badie thus claims that the state's wholly circumstantial case failed to prove that the coins he took to the store belonged to Davis.
Badie is correct that the state's case relied on circumstantial evidence. But circumstantial evidence may authorize a conviction.
In this case, the verdict of guilty is not insupportable as a matter of law.
Badie acknowledges these legal principles, but maintains that the evidence was insufficient, relying on the principle: In "[a] burglary prosecution where the state relies
That being so, the evidence that, taken together, authorized the jury to find that Badie was in possession of Davis's stolen plastic container filled primarily with quarters included the following: Badie knew of the location of the residence burglarized; during the burglary, a large, heavy container filled with coins, primarily quarters, was stolen; within two hours of the Davises' departure from their home, Badie was seen approximately 100 yards away struggling to haul a large, heavy container; Badie quickly arranged for transportation to haul the container to a store, where he redeemed 3,666 quarters (along with a few other coins); and he gave varying accounts of the ownership of the coins.
2. Badie contends that the trial court erred in rejecting his claim of ineffective assistance of counsel.
To prevail on an ineffectiveness claim, a defendant must establish, pursuant to Strickland v. Washington,
Badie argues that his trial lawyer's performance was deficient in that the lawyer failed to present evidence that might have led the jury to conclude that the coins in his possession were not the same ones stolen from the Davises' residence. In an effort to support this argument, Badie presented at the new trial hearing two documents that he claimed were police reports of the burglary incident. One document showed as its author the first officer who responded to Davis's call for police. That document, which Badie's trial lawyer admittedly had received prior to the trial, noted, in connection with the stolen property: "Change in plastic Tub (Quarters)" and a stated value of "$400." The other document presented by Badie at the new trial hearing did not include the name of any authoring officer. However, Badie's trial lawyer admitted that he had received that document, too, prior to trial. Like the first document, it contained a notation: "(Change) $300 to $400 in quarters, that was stored in a plastic tub."
Badie complains that, despite having received these two documents prior to trial, his lawyer failed to pursue these leads so as to present evidence that Davis reported to responding officers at the scene an amount of stolen money (in coins) that was less than the amount of money (in coins) shown in his (Badie's) possession. Badie claims that his lawyer should have attempted to impeach Davis by calling as witnesses the officers who wrote those reports and by cross-examining Davis concerning the loss he reported.
Even if we overlook that Badie did not call at the new trial hearing any officer who authored any such police report,
Davis was not asked at trial about the dollar amount of the coins he reported to police as stolen. Badie's trial lawyer explained at the new trial hearing that he had not found the discrepancy to present a significant issue. As Badie's trial lawyer intimated at the new trial hearing, there was no evidence that Davis had employed any systematic method of accounting or inventory over the course of the 20 to 25 years he was accumulating the coins. Rather, Davis described how he had obtained mainly quarters, whenever opportunities presented themselves, whereupon he heaped the coins together in a big, open, plastic container.
Further elaborating, Badie's trial lawyer testified at the new trial hearing that, "in preparing for this case with respect to the dollar value of the quarters, I thought the
The alleged deficiencies in Badie's trial counsel's performance were decisions made as matters of trial strategy.
Judgment affirmed.
ELLINGTON, C.J., and DILLARD, J., concur.