Merchant v. State

h Dustin Merchant was convicted by a Howard County jury of theft of utility property, a Class B felony. He was sentenced as a habitual offender to fifteen years in prison and fined $7500. He was also ordered to pay restitution of $16,100 to Arkansas Southern Railroad. On appeal; Merchant makes four arguments: (1) his conviction should be overturned because the property did not meet the statutory definition of “utility property”; (2) the jury charge did not require the State to prove all .elements required by the statute; (3) the lesser-included offense of misdemeanor theft should have been…