State v Kleist :: 126 Wn2d 432
Category: Sentencing Guidelines
There are some cases that should not be tried because they do not effect justice and they waste the taxpayers’ money. This appeal is a clear example of just such a case. Sandra Sue Kleist had stolen almost $300.00 worth of clothing from the Bon. However, Nordstroms had the same articles on sale for less than $250.00. She wanted her conviction reduced from second degree theft to third degree, conforming to the lesser sales price.
Why is the Supreme Court even hearing this case? Both lower courts ruled that there was ample foundation to hold that the retail price tag was enough to confirm the market value of the goods stolen. If nothing else, as Justice Guy pointed out in his dissent, a reasonable person would be put on notice by the price tag. [at 441].
The Court acknowledged two definitions for “value.” The first definition is found in RCW 9A.56.010(12)(a):
“Value” means the market value of the property or services at the time and in the approximate area of the criminal act. [at 434].
The second definition was developed from case law, State v Clark 13 WnApp 782, 787:
“Market value” is defined in this state as the price which a well-informed buyer would pay to a well-informed seller, where neither is obliged to enter into the transaction. [Emphasis added]. [at 435].
It is clear that Sandra Kleist coerced the Bon into this transaction and should not receive the benefit of comparison shopping at locations other than that proximate area. A comparison of prices may be legitimate if it is known that the victim was notorious for arbitrary pricing. The Bon, however, has a track record of a professional and consistent pricing structure. As Justice Guy pointed out in dissent, “The Bon Marché is a well-informed seller with many well-informed buyers.” [at 442].
If she wanted a lesser conviction, she should have stolen the clothes from Nordstroms. Is that too hard for a judge to understand?
Rating the Usual Suspects:
| pass | Durham, Barbara | |
| pass | Guy, Richard | |
| pass | Korsmo, Kevin | |
| pass | Metts, Andrew | |
| pass | Munson, Ray | |
| pass | O'Connor, Kathleen | |
| pass | Smith, Charles | |
| pass | Sweeney, Dennis | |
| pass | Sweetser, James | |
| pass | Talmadge, Phil | |
| pass | Thompson, Philip | |
| fail | Alexander, Gerry | |
| fail | Barlow, James | |
| fail | Dolliver, James | |
| fail | Johnson, Charles | |
| fail | Madsen, Barbara | |
| fail | Utter, Robert |