Ward v. State

Appellant, Ben Ward, was found guilty, by a jury, of theft in the second degree, as proscribed by § 13A-8-4, Code of Alabama 1975. Appellant was sentenced under the Habitual Felony Offender Act to 15 years in the penitentiary and was ordered to pay court costs and restitution.

The state's evidence showed that about 10:00 p.m. on December 20, 1988, four teenagers (two females and two males) stopped at the Eco gasoline service station on West South Boulevard in Montgomery. Three of the teenagers got out of the automobile and went to the restrooms while the driver checked the tires and then…