Stephans v. State

Justia.com Opinion Summary: Appellant Stuard Stephans and a companion stole six bottles of men's cologne from a retail department store. At trial, the State relied on the store's loss prevention officer to prove both theft and value. The officer testified, over the defense's foundation, hearsay, and best evidence objections, that the stolen goods he recovered bore price tags adding up to $477. Neither the price tags nor duplicates of them were offered or admitted. In order to establish grand larceny, the State needed to prove that the stolen goods had a value of $250 or more. A jury convicted Stephans of grand larceny and burglary, both felonies, and conspiracy to commit larceny, a gross misdemeanor. The Supreme Court (1) reversed and remanded for a new trial on the grand larceny charge, holding that the trial court abused its discretion in admitting the officer's testimony, and the defense objections to the testimony should have been sustained; and (2) affirmed the judgment of conviction as to conspiracy and burglary.

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