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85 N.M. 449

513 P.2d 186

State v. Landlee

New Mexico Court of Appeals

Decided July 25, 1973

New Mexico Court of Appeals · decided 1973-07-25

Relies on State v. Parker · State v. McKay · State v. Shuemak

Good law ✅— No negative treatment on recordhow we know

Decided 1973-07-25

How this case has been cited

Cited by 13 later decisions — most recently March 2023

13 state decisions

90197319801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OPINION

WOOD, Chief Judge.

¶2 The appeal involves the evidence of value in a larceny case. Defendant was convicted of larceny of copper wire with a value in excess of $100.00 but not more than $2500.00. Section 40A-16-1, N.M.S. A. 1953 (2d Repl.Vol. 6). He claims there was no substantial evidence upon which the jury could conclude that the value of the wire was more than $100.00. We disagree.

¶3 The copper wire stolen was described as 500 MCM, 250 MCM and scrap. Considering only the 500 MCM, a witness testified that if it was considered as scrap it was worth $30.00; its replacement cost was $110.00; that its market value was $170.00 to $180.00. Questioned as to whether the amount of 500 MCM stolen was usable, the witness replied that it was usable. This is substantial evidence of a value in excess of $100.00.

¶4 Defendant contends the testimony of this witness was “ . . .so inconsistent as to be inadequate to support the conclusion that the total value of the property allegedly taken was over $100.00. . . . ” We have reviewed this testimony; it is not inconsistent. However, even if the testimony was inconsistent, such would not require a ruling that the above testimony was not substantial. Conflicts in evidence are to be resolved by the fact finder and this includes conflicts in the testimony of a witness. State v. McKay, 79 N.M. 797, 450 P.2d 435 (Ct.App.1969).

¶5 The evidence of value being substantial, the judgment and sentence is affirmed. See State v. Phillips, 83 N.M. 5, 487 P.2d 915 (Ct.App.1971); State v. Parker, 80 N.M. 551, 458 P.2d 803 (Ct.App.1969).

¶6 It is so ordered.

HENDLEY and SUTIN, JJ., concur.
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