Smith v. State

This case was originally assigned to another judge on the Alabama Court of Criminal Appeals. It was reassigned to Judge Cobb on January 17, 1995.

The appellant, Don Smith, was convicted of theft of property in the third degree, a violation of Ala. Code 1975, § 13A-8-5. He was given a twelve-month suspended sentence and was ordered to pay $250 in restitution, $25 to Alabama crime victim's compensation fund, court costs, and attorney fees. The appellant correctly alleges that the State failed to prove the element of intent to deprive the owner of her property as alleged in the indictment. Ala.…