State v. Fernandez
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The Supreme Court affirmed the judgment of the trial court convicting Defendant, after a jury trial, of theft by deception, a Class IV, felony, and sentencing her to fourteen months' imprisonment, holding that Defendant was not entitled to relief on her allegations of error.
Following jury deliberations, the jury found Defendant guilty of theft by deception. On the amended verdict form, the jury circled the final range of values finding that the property Defendant obtained had a value between $1,500 to $4,999.99, and Defendant was convicted accordingly. On appeal, Defendant argued that the jury must unanimously agree upon a single, specific number in determining the value of property obtained by theft. The Supreme Court disagreed and affirmed, holding (1) there was no prejudicial error in the supplemental instruction given by the district court or in supplying the amended verdict form; and (2) defense counsel did not provide ineffective assistance.
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