Supreme Judicial Court of Maine, 1988

State v. O'Brien

State v. O'Brien
Supreme Judicial Court of Maine · Decided November 8, 1988 · Clifford, Collins, McKusick, Roberts, Wathen
550 A.2d 66; 1988 Me. LEXIS 283 (Atlantic Reporter, Second Series)

State v. O'Brien

Opinion of the Court

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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