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How does state v. Quencher help Kanton with the possibility of appealing his conviction for theft? Facts: At approximately 3:15 p.m., on the afternoon of

How does state v. Quencher help Kanton with the possibility of appealing his conviction for theft?

Facts: At approximately 3:15 p.m., on the afternoon of July 21, 20___, police were dispatched in response to a call made by Andrew Smith, a middle aged man, claiming that his wallet had been stolen while awaiting a signal change at the intersection of Electric Avenue and Broken Dreams Boulevard.A witness, Mrs. Esther Sayso, told police that she saw a young man deliberately walk into the back of Mr. Smith.According to Mrs. Sayso, while pretending to assist the victim in regaining his balance following the collision, the pickpocket placed his hand into the lower pocket of Smith's suit coat and removed an item.Both Mr. Smith and Mrs. Sayso claim that the perpetrator then offered some rapid mumbled apologies, and quickly fled the scene.

Andrew Smith, disoriented following the impact, was unable to offer any physical description of the perpetrator, other than the fact that he was wearing a blue hooded sweatshirt and white sneakers.Mrs. Sayso, on the other hand, claimed that she "got a pretty good look at the punk" and agreed to work with police to make a composite sketch.On July 23rd, that sketch was used to identify, capture, and charge Stan Kanton with the crime.Stan could not provide an alibi for the afternoon of July 21, but voluntarily participated in police questioning until it "reached the point that he felt it would be smart to get an attorney in there."At no time was Stan asked to participate in a line up.

According to our client, the conviction was obtained based on the police report, statements offered by Esther Sayso and Andrew Smith at the time of the event, Stan's admission to police that he "almost always wears a blue hoodie and sneakers" and the sketch, which was introduced and admitted as evidence despite ahearsayobjection raised by Stan's defense counsel. Andrew Smith was shown the composite sketch for the first time while offering his testimony in court, and stated on the record, "Yeah, that sure could be the guy."A few days before trial, Mrs. Sayso suffered a serious fall down a flight of stairs, resulting in her death and inability to testify.Stan Kanton's defense attorney chose not to have him testify on his own behalf.

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