A coupon for stolen merchandise has prompted the Alaska Court of Appeals to throw out a theft conviction.
Donald Lynn Henson was convicted of stealing fishing equipment and motor oil from the Fred Meyer store in Soldotna in 2011. He was sentenced to three years in prison.
Fairbanks Daily News-Miner (http://ow.ly/H6PXO) reports the appeals court ruled Friday a coupon would have reduced the price of the stolen items to below the threshold for a felony.
The opinion says Henson took $510 worth of merchandise, but a coupon would have allowed him to purchase the items for less than $500.
The minimum amount for a felony second-degree theft charge is $500. Less than that is a misdemeanor.
Henson’s case goes back to Superior Court in Kenai for a new trial.
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See here for the full court ruling.
Information from: Fairbanks (Alaska) Daily News-Miner, http://www.newsminer.com
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