State v. O'Brien

Supreme Judicial Court of Maine

State v. O'Brien

550 A.2d 66, 1988 Me. LEXIS 283

Supreme Judicial Court of Maine·Decided November 8, 1988·Published

Opinion

MEMORANDUM OF DECISION.

Defendants Joseph O’Brien and Gilman McDuffee appeal from convictions of theft, following a jury trial in Superior Court (Lincoln County, Bradford, J.). On appeal defendants argue that there is insufficient evidence to support the jury finding that the stolen goods had a value in excess of $5,000 as required for a Class B crime. 17-A M.R.S.A. § 362(2)(A) (1983). In this case, the court properly admitted the testimony of the owner who testified to a market value in excess of $9,000. State v. Thibeault, 390 A.2d 1095, 1102 (Me.1978). Such evidence, viewed in the light most favorable to the State, supports the jury’s finding of value beyond a reasonable doubt. State v. Barry, 495 A.2d 825, 826 (Me.1985).

The entry is:

JUDGMENTS AFFIRMED.

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MEMORANDUM OF DECISION.

Defendants Joseph O’Brien and Gilman McDuffee appeal from convictions of theft, following a jury trial in Superior Court (Lincoln County, Bradford, J.). On appeal defendants argue that there is insufficient evidence to support the jury finding that the stolen goods had a value in excess of $5,000 as required for a Class B crime. 17-A M.R.S.A. § 362(2)(A) (1983). In this case, the court properly admitted the testimony of the owner who testified to a market value in excess of $9,000. State v. Thibeault, 390 A.2d 1095, 1102 (Me.1978). Such evidence, viewed in the light most favorable to the State, supports the jury’s finding of value beyond a reasonable doubt. State v. Barry, 495 A.2d 825, 826 (Me.1985).

The entry is:

JUDGMENTS AFFIRMED.

State v. O'Brien, 550 A.2d 66, 1988 Me. LEXIS 283 (Me. 1988).

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Opinion

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