STATE v. NUNES

No. 23408.

958 P.2d 34 (1998)

131 Idaho 408

STATE of Idaho, Plaintiff-Respondent, v. Neil Lynn NUNES, Defendant-Appellant.

Court of Appeals of Idaho.

May 4, 1998.


Attorney(s) appearing for the Case

Timothy L. Felton, Weiser, for Defendant-Appellant.

Hon. Alan G. Lance, Attorney General; Myrna A.I. Stahman, Deputy Attorney General, Boise, for Plaintiff-Respondent.


LANSING, Chief Judge.

Idaho Code Section 18-7001 provides that the crime of malicious injury to property is a felony if the value of the property damage exceeds $1,000. The question presented by this case is whether the defendant may be found guilty of a felony if the damage he intended to inflict was of a lesser value but other damage exceeding $1,000 resulted.

FACTS

Neil Nunes attempted to steal gasoline for his vehicle from a fuel tank owned by...

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