Simmons v. State

Olly Neal, Judge.

Appellant, Tommy Simmons, was adjudicated delinquent for shoplifting cigarettes. He was sentenced to six months’ probation and ordered to perform forty hours of community service. On appeal, appellant challenges the sufficiency of the evidence. We order supplementation of the record and rebriefing.

While a delinquency adjudication is not a criminal conviction, it is based upon an allegation by the State that the juvenile has committed a certain crime. Roberts v. State, 78 Ark. App. 103, 78 S.W.3d 743 (2002). When sufficiency of the evidence is challenged on appeal, the court…