McCants v. State

ALLEN, Judge.

The appellant was convicted and sentenced for robbery and conspiracy to commit robbery. He appeals only the conspiracy conviction. We find that there was insufficient evidence to establish a conspiracy.

At trial it was indicated that the robbery victim was acting as an undercover informant attempting to purchase drugs when she met the appellant behind a bar. After the appellant expressed suspicion that the victim was working with the police, he asked the victim if she knew “what they did to white people.” Another individual had arrived by this time, and the appellant told the…