State v. Tunnell

I respectfully dissent.

Section 30-16-20 provides that whether shoplifting amounts to a misdemeanor or a felony turns on the value of the item shoplifted. The term “value” is neither defined in section 30-16-20 nor in the criminal code.

Value, however, is often defined in the context of larceny and shoplifting statutes as “market value.” State v. Richardson, 89 N.M. 30, 546 P.2d 878 (Ct.App.1976). Market value is also defined in the New Mexico Uniform Jury Instructions as “the price at which the property could ordinarily be bought and sold at the time of the alleged [shoplifting].”…