State v. DW

Charles Moses Clapp

Case Conclusion Date:March 3, 2008

Practice Area:Criminal Defense

Outcome:DW was not convicted of any felony.

Description:DW was charged with 7 felony counts (4 counts of burglary, criminal damage to property in the 2nd degree, possession of tools for the commission of a crime, and theft by taking). DW had been recidivised and was facing a maximum sentence of up to 100 years in prison. The State offered a plea deal of 20 years to serve without parole. DW was accused of breaking into 4 rooms at the Westin hotel and stealing a number of items (including a laptop which was the basis for the theft by taking charge). DW was seen walking out of the Westin with a duffle bag containing items matching the description of the stolen items. When DW was arrested, he was found with a screwdriver in his pocket which the State alleged was used to pry open the hotel room doors. In addition, there was videotape evidence that was unable to be introduced at trial. After one day of jury selection and one day of trial, the jury began their deliberations and did not end until 3 days later. When the verdict was read, Mr. Williams was found guilty of only theft of the laptop. However, during the trial the State was unable to prove the value of the laptop and therefore DW was only convicted of a misdemeanor. The charges were disposed of as follows: Count 1 burglary - dead docket, Count 2 burglary - Not Guilty, Count 3 burglary - dead docket, Count 4 burglary - directed verdict, Count 5 criminal damage - nolle prosqui, and Count 6 possession of tools - dead docket