Schlangen v. State

PATTERSON, Judge.-

Cindy Schlangen appeals from her judgment and sentence for aggravated assault on an officer, battery on an officer, obstructing an officer with violence, and grand theft of a motor vehicle. We vacate her conviction and sentence for grand theft and affirm the remaining convictions.

At trial, the State proved that Mrs. Schlangen was a passenger in a truck which she probably knew was stolen. As the State concedes, this evidence was insufficient to support the grand theft conviction. “A person who is a passenger in a vehicle after the vehicle has been stolen, even if he knows the…