Scenario: Defendant pawns a stolen diamond ring worth $2,000 and receives $49.50. There is insufficient evidence to prove that he was the thief, so there is only a viable charge under 32.32. But, the penalty is tied to "the value of the property or the amount of credit" involved. Do I have a Class C Misdemeanor or a State Jail Felony? Inquiring minds want to know.

I think I just figured it out. The penalty relates to what the defendant is trying to obtain, property or credit. Ergo, it's a Class C. Never mind.

[This message was edited by Rick Miller on 03-05-03 at .]

I realize that no one expects to get close to fair market value from the pawn broker, but maybe the facts would support a finding that the suspect exercised control over the ring knowing it was stolen by another. Really, why else would you risk losing a $2000 ring for less than $50 unless you knew the merchandise was "hot". Also, I would bet he never returned to redeem the ring. As I understand the case law you need not prove who the other person was, only that the ring was stolen and no reason to believe the suspect was the original mis- appropriator.