Before Wagner, Chief Judge, and Ruiz, Associate Judge, and Mack,
The opinion of the court was delivered by: Per Curiam
Appeal from the Superior Court of the District of Columbia (Hon. Robert I. Richter, Trial Judge)
Dissenting Opinion by Senior Judge Mack at p. 5.
Appellant, D.D., was adjudicated delinquent based on a finding that he was guilty of stealing a bicycle tire (D.C. Code § 22- 1311) (1996). D.D. argues that the evidence was insufficient to support a finding that he committed theft, as opposed to the uncharged crime of receiving stolen property (RSP). We affirm.
The evidence showed that B.S., an eleven-year-old, and his friend were riding their bicycles near the Reflecting Pool at the Capitol on June 6, 1997. D.D., and a companion, M.N., were together, and approached B.S. D.D. asked B.S. if he could buy the back wheel of B.S.'s bicycle for $17.00. B.S. declined the offer, and B.S. and his friend rode to the Reflecting Pool. B.S. testified that while riding to the Reflecting Pool, D.D. rode behind him, and D.D.'s companion was in front of him. B.S. and his friend left their bicycles and walked over to the Pool. Before doing so, B.S. secured the back wheel to the seat with handcuffs. B.S. testified that D.D. said he was going to chain his bike to a tree. B.S. looked back at one point and saw M.N. playing with the handcuffs. B.S. did not see D.D. at that time. When they returned about a half hour later, B.S.'s bicycle was gone, and he reported the theft to a policeman. B.S. described the two boys he had seen earlier. About ten minutes after a police look-out was broadcast, Officer Guy Rinaldi spotted D.D. at New Jersey Avenue and K Street, S.E., with five or six other juveniles on bicycles. When D.D. saw the officer, he said something to the group, and they all rode away. The officer chased D.D., who matched the look-out description. D.D. continued to look back as the officer chased him. B.S. was taken to the location where M.N. had been stopped, and B.S. said that the bike M.N. had was his, but it did not have its back wheel. B.S. later identified D.D. and the tire on the back of the bike that D.D. had as his tire and the one in which D.D. had expressed an interest in purchasing earlier.
D.D. testified at trial that he saw M.N. changing wheels on his bicycle, and decided to trade tires with him. The trial court rejected D.D.'s testimony as incredible and found that D.D. was involved in taking B.S.'s bike and had stolen the tire.
D.D. argues that the evidence was insufficient to support the finding that D.D. committed the theft. He contends that the evidence showed only that D.D. took possession of the wheel knowing it had been stolen, which would support an adjudication for RSP, but not theft. Viewing the evidence in the light most favorable to the government, and "giving full weight to the right of the [trial] judge, as the trier of fact, to determine credibility, weigh the evidence, and draw reasonable inferences," the evidence was adequate to support the conviction for the offense of theft. Poulnot v. District of Columbia, 608 A.2d 134, 137 (D.C. 1992) (citation omitted).
The relevant statute provides in pertinent part that
[a] person commits the offense of theft if that person wrongfully obtains or uses the property of another with intent;
(1) To deprive the other of a right to the property or a benefit of the property; or
(2) To appropriate the property to his or her own use or to the use of a third person. D.C. ...