Matney v. State

OPINION

ROBERTSON, Judge.

David E. Matney appeals his conviction, after a jury trial, of the theft of a package of cigarettes for which he received a three-year sentence. Matney raises three issues, none of which constitute reversible error.

FACTS

The facts in the light most favorable to the verdict reveal that Matney lifted a package of cigarettes from a display in a store and concealed them under his shirt. Matney went through the check-out lane without paying for the cigarettes. When confronted by the store manager, Matney exclaimed that he was not even out of the store yet. Matney offered the…