2021 Colorado Code
Title 18 - Criminal Code
Article 4 - Offenses Against Property
Part 4 - Theft
§ 18-4-414. Evidence of Value

1. For purposes of this part 4, when theft occurs from a store, evidence of the retail value of the thing involved shall be prima facie evidence of the value of the thing involved. Evidence offered to prove retail value may include, but shall not be limited to, affixed labels and tags, signs, shelf tags, and notices.
2. For the purposes of this part 4, in all cases where theft occurs, evidence of the value of the thing involved may be established through the sale price of other similar property and may include, but shall not be limited to, testimony regarding affixed labels and tags, signs, shelf tags, and notices tending to indicate the price of the thing involved. Hearsay evidence shall not be excluded in determining the value of the thing involved.

History. Source: L. 85: Entire section added, p. 668, § 1, effective July 1. L. 88: Entire section amended, p. 713, § 20, effective July 1.

Section does not violate the defendant's sixth amendment constitutional right to confront his accuser. People v. Schmidt, 928 P.2d 805 (Colo. App. 1996).

By enacting this section, the general assembly has determined that a price tag affixed to an item for sale ordinarily is sufficiently trustworthy so as to speak for itself regarding that item's value and that the utility of confrontation is very remote. The statute allows an accused to rebut the presumption of value by calling a store manager or another witness to establish a value other than that specified on the price tag. People v. Schmidt, 928 P.2d 805 (Colo. App. 1996).

Determining the value of public assistance benefits requires proof of the amount of benefits paid above those to which the recipient would have been entitled. People v. Vidauri, 2019 COA 140 , __ P.3d __.

Kelley blue book may be admitted as proof of value under this section without the need for expert testimony to substantiate the blue book's valuation. The blue book indicates the sale price of other similar property, and thus the officer's valuation based thereon was not subject to exclusion as hearsay, even if such an objection had been raised. People v. Thornton, 251 P.3d 1147 (Colo. App. 2010).

Error in admitting evidence about repair cost rather than sale price was harmless. Additional evidence was presented that the value of victim's property damage exceeded $500. People v. Reed, 2013 COA 113 , 338 P.3d 364.

Statute creates a specific hearsay exception. People v. Schmidt, 928 P.2d 805 (Colo. App. 1996).

Hearsay evidence may provide proof of value only where the hearsay regards affixed labels and tags, signs, shelf tags, and notices, or other reliable evidence of the sale price of other similar property. People v. Jaeb, 2018 COA 179 , 434 P.3d 785.

Applied in People v. Pearman, 209 P.3d 1144 (Colo. App. 2008).