State v. DuncanAnnotate this Case
After a jury trial, Defendant was found guilty of theft by unlawful taking, more than $500 but less than $1500, a class IV felony. The conviction was based on the accusation that Defendant unlawfully took two items belonging to Hymark Towing: a vehicle and a combine trailer. Defendant was charged with one Class III felony under the theory that the values of the vehicle and the combine trailer could be aggregated because they were “pursuant to one scheme or course of conduct.” The jury found Defendant guilty of unlawfully taking both items but found that the items were not taken pursuant to one scheme or course of conduct. The Supreme Court affirmed, holding (1) a finding of “one scheme or course of conduct” is not an essential element of the crime of theft, regardless of whether the State is attempting to aggregate amounts pursuant to Neb. Rev. Stat. 28-518(7), and therefore, the district court was correct in determining, based on the jury verdict, that Defendant was guilty of a Class IV felony theft offense; and (2) there was sufficient evidence to support Defendant’s conviction.