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Reeves v. State

A valuation charge on the stolen goods was not required where the stolen watches were each worth more than $325.

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A Dawson County jury found Bobby Reeves guilty of felony shoplifting, which charge arose when Reeves and a co-defendant, Calvin Ross, removed two, new 10 carat “gold nugget” watches from the 400 Jewelry and Loan in Dawsonville. Without challenging the sufficiency of the evidence against him, which included videotape of the charged act, Reeves appeals, claiming that the trial court erred in failing to instruct the jury that the value of the taken goods must exceed $300 in order to support conviction for felony shoplifting and that, as a corollary, the trial court erred in failing to give his requested charge on misdemeanor shoplifting as a lesser included offense. Finding these contentions to be without merit, we affirm. As it relates to the offense of shoplifting, the value of the items taken is relevant only to distinguish between a felony and a misdemeanor.1 Shoplifting is a misdemeanor offense when the value of the taken items is $300 or less.2 If evidence does not raise a factual issue relating to value, no jury charge on valuation is necessary.3

By brief, Reeves contends that the State’s evidence as to the value of the watches was “wildly different.” However, from our review of the evidence, we do not find such “wild” variation as would raise an issue between felony and misdemeanor shoplifting. The only witness to testify about value, store manager Sharon Phillips, placed the retail price of the new watches between $350 and $390 each. While Phillips testified that the price was “negotiable,” the lowest retail price she would accept for each watch was $325, based upon the value of the gold. Therefore, as relevant to shoplifting, the evidence presented no factual issue that would make a valuation charge necessary.

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