Pennington v. State

CONOVER, Presiding Judge.

Kimberly A. Pennington (Pennington) appeals the Marion Municipal Court's judgment finding her guilty of theft, a class D felony.

We reverse.

ISSUES

This case presents a single issue, namely, whether the evidence at trial was sufficient to support the court's judgment.

FACTS

Pennington entered a Radio Shack store in Indianapolis carrying an 8-track car stereo unit, followed shortly thereafter by Daniel Biggers, her co-defendant brother (brother). She inquired of the only clerk in the store whether Radio Shack could repair the stereo, and was told it could not since it was…