Kemp v. State

Phipps, Judge.

Tijuana Kemp was tried by a jury and convicted of felony theft by shoplifting. She claims that the evidence was insufficient to support her conviction and that the trial court erred by refusing to charge on the lesser included offense of misdemeanor theft by shoplifting. We reverse Kemp’s conviction based on the trial court’s failure to charge the jury on the lesser included offense. Because we find that the evidence was sufficient to support the verdict, the case can be retried.

The evidence showed that on November 29, 2000, two Wal-Mart loss prevention officers briefly observed…