Whitley v. State

Shulman, Presiding Judge.

Defendant appeals his conviction of the offense of theft by taking. We affirm.

1. Defendant (along with two co-defendants, who are not parties to this appeal) was accused of stealing $1,200 worth of cigarettes from Rich’s, a division of Federated Department Stores, Inc., d/b/a Richway. A witness for the state testified at trial to a previous similar incident in which the defendant had allegedly attempted to shoplift cigarettes from another Richway store. The witness testified that the defendant, while in custody as a shoplifting suspect for that earlier offense, made…