State v. McPike

Gary M. Gaertner, Jr., Judge

Introduction

Joshua A. McPike (Appellant) appeals his jury conviction for misdemeanor attempted stealing. Appellant challenges the trial court’s denial of Appellant’s proffered verdict directors that included a claim of right defense. We reverse and remand for a new trial.

Background

The evidence adduced at trial was the following. Appellant was grocery shopping with Alicia Houston (Houston) at Walmart on the morning of Wednesday, June 11, 2014. After leaving Walmart, Appellant and Houston drove by Howard’s Furniture. They noticed some furniture set out behind the…