State v. Parks

Orlando E. Parks appeals his jury conviction of theft by receiving stolen property having a value greater than $1,500, a violation of Neb. Rev. Stat. § 28-517 (Reissue 1989). The crime is a Class III felony, Neb. Rev. Stat. § 28-518(1) (Cum. Supp. 1992), carrying a penalty of not less than 1 nor more than 20 years’ imprisonment, up to a $25,000 fine, or both, Neb. Rev. Stat. § 28-105 (Reissue 1989).

Because of a faulty jury instruction, we reverse Parks’ conviction and remand the cause to the district court for Douglas County for a new trial.

STANDARD OF REVIEW

In reviewing a criminal…