dissenting. I would reverse this case. I do not believe there was sufficient evidence for the jury, without resorting to speculation and conjecture, to conclude that a boat motor purchased new for $3,100 would have a fair market value of $2,500 nearly a year later, regardless of its condition.
While it is true that an owner can testify to the value of his stolen property, here the owner testified not to the value of the motor, only to what he had paid for it. The difference between the retail price paid and the threshold amount to be proven as an element of the offense is too close in this case, and the jury would have to speculate to conclude that a used boat motor would retain over 80% of its retail value after a year. In the following cases, the evidence of value was deemed sufficient. Coley v. State, 302 Ark. 526, 790 S.W.2d 899 (1990) (car bought for $22,000 three years earlier; $2,500 value required); Stewart v. State, 302 Ark. 35, 786 S.W.2d 827 (1990) (car bought for $14,000 three years earlier; $2,500 value required); Jones v. State, 276 Ark. 116, 632 S.W.2d 414 (1982) (testimony of $240 value for electronic equipment; proof of $100 value required); Tillman v. State, 271 Ark. 552, 609 S.W.2d 340 (1980) (TV purchased for $476 one and a half years earlier; $100 value required).
However, the facts before us are closer to cases in which the evidence was not sufficient to establish the requisite value such as Moore v. State, 299 Ark. 532, 773 S.W.2d 834 (1989) ($3600 paid for car three years earlier; $2,500 value required); Riley v. State, 267 Ark. 916, 593 S.W.2d 45 (1979) ($537 paid for mower four years earlier; $100 value required); Cannon v. State, 265 Ark. 270, 578 S.W.2d 20 (1979) ($148 paid for model car 12 years earlier; $100 value required).
I believe that the case before us is analogous and would reverse and dismiss.