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But you didn't charge the big screen! [NOT FINAL]

Washburn student intern Julia Mowers and I won in State v. Wilson, No. 98,154 (Kan. App. Aug. 1, 2008) (unpublished), getting a new trial in a Wyandotte County felony theft prosecution. Basically, client was charged with stealing several items from a house, including two small TVs. There was also a big screen TV that had been moved in the house, but not removed. The jury acquitted Mr. Wilson of buglary, but convicted of felony theft.

The charging document was quite specific with regard to the items alleged to have been taken, two small TVs and several other miscellaneous items. But at trial, several witnesses were questioned about the value of items taken and included the big screen in their (ambiguous) valuations. And the elements instruction told the jury to consider the value of three TVs. Although the COA held that sufficient evidence supported a finding that the value of stolen property was more than $1,000, it agreed that the expansion of the charging document was improper and could easily have led to a different verdict.

Full post as published by Kansas Defenders on August 02, 2008 (boomark / email).