Simmons v. State

Barnes, Judge.

Tony Simmons appeals from his felony shoplifting conviction, contending insufficient evidence supports his conviction and that the trial court imposed an illegal sentence. For the reasons that follow, we affirm his conviction, vacate his sentence, and remand this case to the trial court for resentencing.

1. “On appeal, the evidence must be viewed in the light most favorable to the verdict and the appellant no longer enjoys the presumption of innocence; moreover, on appeal this court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.”…