State v. Charitie Shively

¶1 A jury in the Eighteen Judicial District Court, Gallatin County, convicted Charitie L. Shively (Shively) of theft for knowingly exercising unauthorized control of a welder to deprive the owner of its use, a felony. The District Court deferred imposition of her sentence for three years, subject to various conditions. Shively appeals, raising the following issues:

¶2 1. Must Defendant’s conviction be reversed because there was no evidence that she knew the welder had been stolen?

¶3 2. Did the District Court err by failing to instruct the jury that Defendant could not be convicted absent proof…