Stewart v. State

David Newbern, Justice.

Mark Randall Stewart appeals from a conviction of theft. He has raised two points of appeal. He contends the evidence was not sufficient to permit his conviction under Ark. Code Ann. § 5-36-103 because proof that the car he allegedly stole was worth $2500 or more was lacking. He also argues that the court erred in refusing to instruct the jury with respect to a lesser included offense, that is, theft of property worth more than $200 but less than $2500, which carries a lesser sentencing range. We hold that the evidence was sufficient to support the conviction and that…