State v. Knox
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The Supreme Court reversed the judgment of the circuit court against Defendant for one count of class C felony stealing and two counts of class A misdemeanor stealing, holding that absent proof of value, the offense submitted was a class D misdemeanor, not a class A misdemeanor, and that the circuit court should have entered judgment against Defendant for a class D felony rather than a class C felony.
The jury instructions in this case required the jury to find Defendant retained the two victims' personal items without their consent and with the purpose of withholding this property from them. At trial, the State did not present evidence of the value of the stolen items of personal property. At issue on appeal was whether the circuit court properly entered judgment for one count of class C felony and two counts of class A misdemeanor stealing. The Supreme Court remanded the case, holding that the circuit court should have entered judgment for one count of class D felony stealing and two counts of class D misdemeanor stealing.
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