State v. Ybarra

Hannon, Judge.

INTRODUCTION

Jimmy Ybarra was convicted by a jury of shoplifting merchandise valued at $787, in violation of Neb. Rev. Stat. § 28-511.01 (Reissue 1995), a Class IV felony. See Neb. Rev. Stat. § 28-518 (Reissue 1995). Because the only evidence of the value of the merchandise taken was the price at which the merchandise was offered for sale, the trial court, following what it understood the holding of State v. Garza, 241 Neb. 256, 487 N.W.2d 551 (1992), to be, found that Ybarra was guilty of taking property of only less than $200, a Class II misdemeanor, see § 28-518, rather than…