RUSSELL v. STATE

No. CR 06-180.

242 S.W.3d 265 (2006)

Billy Joe RUSSELL, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

November 2, 2006.


Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender, Mac Carder, Deputy Public Defender, by: Mac Golden and Clint Miller, Deputy Public Defender, Little Rock, AR, for appellant.

Mike Beebe, Att'y Gen., by: Misty Wilson Borkowski, Ass't Att'y Gen., Little Rock, AR, for appellee.


TOM GLAZE, Justice.

We are asked in this appeal to address an issue of first impression: in a theft-by-receiving case, should the sales tax paid on an item be included when determining the value of the item stolen? Appellant Billy Joe Russell was charged with theft by receiving; the charges stemmed from the theft of a Sears generator that had been purchased by Morris Gilmore. Gilmore testified that he bought the generator on January 18, 2004, and that it cost $499...

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