Stokes v. State

Timothy Stokes was convicted of theft of property in the second degree in violation of Ala. Code (1975), § 13A-8-4 (e), and sentenced to seventeen years in the penitentiary as a habitual offender. On appeal, he argues that the State's evidence was insufficient to support his conviction and that the closing argument of the District Attorney was reversibly prejudicial.

The State's evidence established that John Beam, a security guard for K-Mart Corporation, observed Timothy Stokes and Diane Levert enter the K-Mart store where he was employed. The pair obtained a shopping cart, went to the…