Dunbar v. State

Smith, Judge.

The appellant was sentenced to three years imprisonment after his conviction of attempt to commit theft by taking. Because there was no competent evidence showing the value of the subject property to be in excess of $100, sentencing for a felony was unauthorized. We affirm the conviction but remand for resentencing.

1. Immediately after being apprehended in the act of removing a citizens’ band radio from the victim’s automobile, the appellant offered both to the police officer and to the victim to make reimbursement for damages if no prosecution would be instituted. The admission…