Brown v. Commonwealth

656 S.W.2d 727 (1983)

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Nature of the Case

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Facts

Law enforcement officials initiated an undercover operation to investigate automobile transmission shops. A car's transmission was inspected by police mechanics to ensure all the parts were in working order, and then the parts were marked for later identification. The mechanic made a malfunction adjustment to the transmission by turning the band adjustment screw backward three turns, causing the transmission to slip. To correct the problem, one needed only to turn the screw the opposite way three times, without disassembling or removing the transmission. The car was towed to D's shop, and a detective acted as the owner. D said that the transmission bands were broken due to over tightening and the entire transmission would have to be disassembled prior to knowing the extent of the damages. The next day, D said that his inspection revealed it would cost $372.82 to repair the transmission or it could be replaced for $415.00. The repair job was authorized. After paying the $372.82, the car was taken back to the Kentucky State Police garage where the transmission was thoroughly re-examined by the chief mechanic. It was at this juncture that the mechanic discovered the transmission had been replaced, not repaired as represented, and relayed the information to detectives. D was convicted of theft by deception and appealed. The court of appeals affirmed. D appealed again.