State v. Richardson

OPINION

WOOD, Chief Judge.

Defendant shoplifted a combination radio and tape deck. He was convicted of shoplifting merchandise valued at more than $100.00 but not more than $2,500.00. Defendant challenges both the evidence and the instruction concerning value.

The evidence is that the retail price of the merchandise was $119.97 and the wholesale price was $84.97. If the retail price is sufficient evidence of value, the crime was a fourth degree felony. If the wholesale price is the value evidence to be considered, the crime is a petty misdemean- or. Section 40A-16-20(B), N.M.S.A.1953 (2d…