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Alford v. State

The evidence supported the defendant's convictions for shoplifting a TV and several CDs worth over $1K.

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Following a jury trial, Dave Alford, Jr. appeals his conviction of theft by shoplifting1 and contends that 1 the evidence was insufficient to support the verdict, 2 the trial court erred by correcting minor errors in the jury charge without noting the changes in the record, and 3 the trial court erred in charging the jury on party to a crime without such language being in the indictment. We find no merit to Alford’s contentions and affirm. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.” Punctuation omitted. Eady v. State .2

So viewed, the evidence shows that Alford and an accomplice visited a Wal-Mart store and placed a television and several compact discs in a shopping cart. As they surveyed several of the store’s emergency exits, they took the cart into an employee-only back room where merchandise was being processed by an employee. When confronted by the employee, Alford stated that they had been directed to that area to pick up some kerosene. Knowing that the store neither stored kerosene in the employee-only area nor sold it if at all from that location, the employee sent Alford and the accomplice out of the restricted area. The employee returned to the floor and minutes later heard an emergency exit alarm go off. She went to the emergency exit, which was jammed due to a malfunction, and found the abandoned cart with the same merchandise in it. The employee notified a manager and contacted a security guard an off-duty police officer who, based on the employee’s description, located Alford and his accomplice in the store, confirmed their identity with the employee, and arrested them.

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