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STATE v. RICHARDSON

No. 2149.

546 P.2d 878 (1976)

89 N.M. 30

STATE of New Mexico, Plaintiff-Appellee, v. Victor Clay RICHARDSON, Defendant-Appellant.

Court of Appeals of New Mexico.

February 10, 1976.

Attorney(s) appearing for the Case

Santiago E. Juarez, Lynn Allan, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Ralph B. Muxlow II, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant shoplifted a combination radio and tape deck. He was convicted of shop-lifting merchandise valued at more than $100.00 but not more than $2,500.00. Defendant challenges both the evidence and the instruction concerning value.

The evidence is that the retail price of the merchandise was $119.97 and the wholesale price was $84.97. If the retail price is sufficient evidence of value, the crime was a fourth degree...

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