Pender v. State

Summary

The court affirmed Pender's convictions and Whitaker's convictions in the consolidated appeals. It held that the evidence supported Pender's theft-by-receiving conviction even though he may also have been involved in the original theft, found one confrontation violation harmless and no violation as to other challenged statements, rejected Pender's ineffective-assistance and evidentiary claims, and upheld admission of his later custodial statement. It also held that the trial court did not improperly penalize Whitaker for not testifying and properly considered all trial evidence in ruling on his motion for new trial.