State v. Thomason

[¶ 1.] Kenneth Dale Thomason, Jr. (Thomason) was convicted of Aggravated Grand Theft by Deception Over $100,000 and sentenced to 25 years in the South Dakota State Penitentiary. Thomason appeals arguing the trial court erred by: (1) refusing to grant his Motion for Judgment of Acquittal; (2) failing to instruct the jury regarding the defense of advice of counsel; and (3) instructing the jury that it could consider defendant’s flight as it related to consciousness of guilt. There was insufficient evidence to prove that Thomason obtained the “property of another” worth over $100,000, therefore…