City of Albuquerque v. Martinez

OPINION

HENDLEY, Judge.

The defendant was convicted of shoplifting, a petty misdemeanor, in the municipal court and was sentenced to thirty days. He appealed to the district court and after a de novo hearing his conviction was affirmed and he was sentenced to thirty days. He appeals contending that there was a failure of proof of value. We disagree and affirm.

Albuquerque Ordinance 3 — 2(B)(1) reads in part:

Shoplifting consists of any one or combination of the following acts:

1. Willfully taking possession of any merchandise with the intent of converting it without paying for it.

Subsection (C)(2)…