STATE v. BENNETT

No. 36678.

246 P.3d 387 (2010)

STATE of Idaho, Plaintiff-Respondent, v. William Lynn BENNETT, Defendant-Appellant.

Supreme Court of Idaho, Boise, August 2010 Term.

December 7, 2010.


Attorney(s) appearing for the Case

Molly Huskey , State Appellate Public Defender, Boise, for appellant. Sara B. Thomas , Chief Deputy Appellate Public Defender argued.

Hon. Lawrence G. Wasden , Attorney General, Boise, for respondent. Jessica M. Lorello , Deputy Attorney General argued.


BURDICK, Justice.

Appellant William Lynn Bennett was convicted of grand theft and sentenced to eight years, with one-and-a-half years fixed. The court imposed a concurrent sentence of the same duration for a persistent violator enhancement. This case concerns the element of ownership in a charge of theft pursuant to I.C. § 18-2403(1) where a sale of goods is involved. We conclude that a seller of goods who has delivered the goods to the buyer, but has not yet...

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