Harley v. State

The main issue addressed in this appeal is whether, in a criminal case in which the charge is possession of stolen property, an instruction that the jury may infer guilty knowledge from the unexplained possession of recently stolen property transgresses constitutional standards. The argument on this issue invites the court to revisit an area of substantive law which it has resolved previously. We conclude that the previous resolution is correct, and the district court did not err in giving the instruction which is challenged. A second question is presented relating to entitlement to credit for pre-sentence confinement against the maximum sentence imposed. In this regard, we hold that credit should have been given. We affirm the judgment and sentence, but the sentence must be modified so that Harley is given credit for 117 days of pre-sentence confinement to be deducted from the maximum sentence imposed by the district court.