ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
LARRY D. VAUGHT, JUDGE
PHILLIP ANDRE MILNER
STATE OF ARKANSAS
December 19, 2007
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT
HON. JOHN W. LANGSTON,
Appellant Phillip Milner appeals from orders entered by the trial court finding him
guilty of theft by receiving, a Class C felony, and revoking his probation based on the
conviction. He argues that the trial court erred in failing to grant his motions for directed
verdict. We disagree and affirm.
At Milner’s bench trial on the theftbyreceiving charge, Little Rock Police Officer
MatthewHoyle testified that in October 2006 he was on patrol with another officer when he
observed a man on an orange scooter run a stop sign. Officer Hoyle testified that after the
man on the scooter saw Hoyle’s patrol car, the man drove between two closely parked
construction vehicles, preventing the patrol car from following him. After asking a
construction worker to move one of the vehicles, Officer Hoyle was able to catch up with the
man on the scooter, at which time Officer Hoyle witnessed the man run a second stop sign.
At that point, Officer Hoyle conducted a traffic stop.
Officer Hoyle identified the man on the scooter as Milner. Officer Hoyle also
observed that the ignition of the scooter was damaged and had no key in it. The officer
conducted a patdown for safety and discovered a bill of sale for the scooter in Milner’s
pocket. The bill of sale did not list Milner as the owner. Officer Hoyle asked Milner if he
knewwho the owner of the vehicle was, andMilner responded that he did not. Officer Hoyle
then contacted the owner listed on the bill of sale, Joseph Brown, who confirmed that his
scooter had been stolen the day before.
Brown testified that he purchased the orange scooter in August 2006. He paid $1600
for it and was still making payments inOctober 20