A jury convicted Prece Page of theft by shoplifting and possession of tools to commit a crime. Due to his three prior shoplifting convictions, two of which were felonies, Page was sentenced as a recidivist. Following the denial of a motion for new trial, Page sought and obtained permission to file an out-of-time appeal. In this appeal, Page claims that his trial counsel rendered ineffective assistance, his confession should have been excluded, and that the trial court should have sua sponte ordered a new trial when a potential juror purportedly saw him enter the courtroom from a holding area. He also contests the sufficiency of the evidence. After review, we affirm for the reasons set forth below.
On appeal the evidence must be viewed in a light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence. Walters v. State.1 Nor can the evidence be re-weighed or witness credibility be reassessed. Id. When so viewed, the evidence established that Page drove a Nissan Maxima hatchback with two other individuals to a K-Mart store. While Page entered the store, his companions remained in the vehicle. As Page pushed a shopping cart loaded with household items toward an exit in the garden center, the cart bumped a merchandise display, knocking over several planters. When K-Mart cashier Mary Starnes made eye contact, Page abandoned his cart and while leaving activated the store security system. When the alarm sounded, Starnes yelled for him to stop. As Page ran, he clutched his side as though concealing something. No other person was in the area to activate the sensors. Several employees pursued Page as he raced across a parking lot and disappeared behind a Lowe’s store. Before proceeding behind Lowe’s building, Page had been attired in a dark colored suit and tie with a white dress shirt. After emerging from behind Lowe’s, Page was dressed only in slacks and a tee shirt. His companions picked Page up in the Nissan and then dropped him off at a nearby gasoline station. They were arrested when they returned to the K-Mart. When apprehended a short time later, Page perspiring heavily, was identified by store employees. Behind Lowe’s, K-Mart employees found Page’s suit jacket, dress shirt, and tie. A Nissan key was in a pocket of the jacket. Five cartons of cigarettes were found and identified as property of K-Mart based on security tags.
