State v. Coleman

576 P.2d 925, 19 Wash. App. 549, 1978 Wash. App. LEXIS 2134
CourtCourt of Appeals of Washington
DecidedMarch 21, 1978
Docket4888-1
StatusPublished
Cited by22 cases

This text of 576 P.2d 925 (State v. Coleman) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Coleman, 576 P.2d 925, 19 Wash. App. 549, 1978 Wash. App. LEXIS 2134 (Wash. Ct. App. 1978).

Opinions

Swanson, J.

Denise Coleman appeals a conviction of grand larceny, contending the State failed to introduce evidence sufficient to establish the minimum value of stolen property necessary for such a judgment and sentencing. We agree and remand for resentencing based upon a petit larceny conviction.

The statute then applicable and by which appellant was charged (RCW 9.54.090(6), since repealed by Laws of 1975, ch. 260, effective July 1, 1976) asserted that one who stole

[pjroperty of the value of more than seventy-five dollars . . . shall be guilty of grand larceny and be punished by imprisonment in the state penitentiary for not more than fifteen years.

A theft of property of a lesser value, however, would constitute a case of petit larceny, a gross misdemeanor for which the maximum punishment could be no more than 1 year imprisonment and a fine of $1,000. RCW 9.92.020.

[551]*551Thus, the question of the value of the goods involved in this prosecution for larceny is of critical import. State v. Clark, 13 Wn. App. 782, 783, 537 P.2d 820 (1975). The proper standard for assessing value is "market value." RCW 9.54.100. As this court recently stated, "'[m]arket value' is defined ... as the price which a well-informed buyer would pay to a well-informed seller, where neither is obliged to enter into the transaction." State v. Clark, supra at 787. See also State v. Rowley, 74 Wn.2d 328, 444 P.2d 695 (1968); State v. Sherrill, 13 Wn. App. 250, 534 P.2d 598 (1975). It should also be noted that testimony as to value is opinion evidence requiring a demonstration of the witness' knowledge of the subject prior to admission. 5 R. Meisenholder, Wash. Prac. §§ 342, 353 (1965). The major exception to this rule permits a nonexpert owner of a chattel to testify as to its market value. Wicklund v. Allraum, 122 Wash. 546, 211 P.2d 760 (1922); State v. Hammond, 6 Wn. App. 459, 493 P.2d 1249 (1972). That exception is not applicable here.

The material facts are as follows. On September 1, 1975, appellant was observed surreptitiously gathering merchandise at a Seattle Nordstrom store by two security personnel. As she attempted to exit the store without paying for the goods, two security personnel apprehended appellant. In her possession were a purse, a blouse and two pairs of pants, all bearing a tag identifying the article as belonging to Nordstrom and indicating their retail prices. Appellant could not produce sales receipts for any of the items.

At trial, the State called four witnesses—the two security personnel and two members of the Seattle Police Department involved in the arrest of appellant. Their testimony was sufficient to establish the taking of the property, the intent to deprive the owner of possession, and the jurisdiction of the court, none of which is disputed on appeal. At issue is the State's attempt to prove the value of the stolen goods exceeded $75. We now summarize that effort.

The first witness for the prosecution, Debra duBois, one of the security personnel, identified State's exhibits 1 [552]*552through 4, including the still-attached price tags, as the merchandise taken by appellant. Upon being offered into evidence, appellant objected to admission of the tags, arguing that the writing thereon was hearsay and outside the first-hand knowledge of the witness. The court reserved ruling on the offered items.

The prosecution's second witness, Carol Minakami, the other Nordstrom employee involved, also positively identified State's exhibits 1 through 4. Ms. Minakami did not offer testimony regarding the value of the goods, as shown by the following excerpts from the record:

Q Do you have any particular knowledge of the value of the items that I have just shown you, State's exhibits 1 through 4?
A None other than what is on the price ticket, no.

The State's third witness, Officer Lee Jacobson, was a backup officer in the arrest of the appellant. The jury could glean nothing of the value of the goods from his testimony.

Q Do you have any knowledge as to the value of these items?
Aldo.
[Defense attorney] Objection. I certainly would ask for foundation to determine from where his knowledge comes.
The Court: You may inquire on voir dire if you desire.
[Defense attorney] I would.
The Court: You may voir dire.
[Defense attorney] Officer, is your information from, of the value of these items, come from the price tags that are on them?
A They do.
[Defense attorney] That's all I have. I would object to him making any statements.
The Court: Ask your next question.

The State's final witness, the other police officer involved, was not questioned as to the value of the goods.

The prosecutor then again offered State's exhibits 1 through 4; appellant again objected to admission of the attached price tags. After extended argument in the absence of the jury, the court admitted the exhibits as [553]*553offered, but declined to rule whether the price tags were hearsay and, if so, under which exception to the hearsay rule they were admitted. During the argument the court ruled, correctly we believe, that neither security officer was qualified to testify as to value.

Thus, the only evidence from which the jury could ascertain the value of the stolen goods was the goods themselves and the retail price tags attached thereto. None of the State's witnesses were qualified to, nor did they, testify as to the market value of the items. Counsel address numerous issues in their briefs, including exceptions to the hearsay rule, the sufficiency of retail prices alone as an indicium of market value, and potential prejudice to appellant. We find, however, the dispositive issue to be, simply—was an adequate foundation laid for admission of the price tags as evidence of values?

We believe the record demonstrates a lack of any foundation testimony by which the price tags could be admitted on the issue of value. The price tags were technically admissible because they were part of the property at issue. It is well established, however, that evidence admissible for one purpose may not be admissible for another. E. Cleary, McCormick's Handbook of the Law of Evidence § 59 (2d ed. 1972). To admit the price tags to prove that goods were stolen would serve little purpose, the goods themselves being available.

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State v. Coleman
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Cite This Page — Counsel Stack

Bluebook (online)
576 P.2d 925, 19 Wash. App. 549, 1978 Wash. App. LEXIS 2134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-washctapp-1978.