STATE v. THIEL

No. 2009-488.

999 A.2d 367 (2010)

The STATE of New Hampshire v. Kimberly THIEL.

Supreme Court of New Hampshire.

Opinion Issued: June 30, 2010.


Attorney(s) appearing for the Case

Michael A. Delaney, attorney general (Elizabeth C. Woodcock, assistant attorney general, on the brief and orally), for the State.

Tony F. Soltani, of Epsom, on the brief and orally, for the defendant.


CONBOY, J.

The defendant, Kimberly Thiel, appeals her conviction in the Concord District Court (Stephen, J.) for shoplifting. RSA 644:17, II (2007) (repealed and replaced by RSA 637:3-a (Supp.2009)). We reverse.

The trial court's order dated June 10, 2009, supports the following facts. The charged event occurred as Thiel was shopping at Wal-Mart. A videotaped recording of Thiel's transaction was introduced at trial. On the video, Thiel was seen using...

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