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Cosey v. State

Court of Appeals of Arkansas, Division IV

September 3, 2014

TELEATHA COSEY, APPELLANT,
v.
STATE OF ARKANSAS, APPELLEE

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FOURTH DIVISION. NO. CR 12-3819. HONORABLE HERBERT WRIGHT, JUDGE.

William R. Simpson, Jr., Public Defender; Colleen Barnhill, Deputy Public Defender, by: Margaret Egan, for appellant.

Dustin McDaniel, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., for appellee.

HARRISON and WOOD, JJ., agree.

OPINION

Page 732

RITA W. GRUBER, Judge.

Teleatha Cosey was charged with robbery and theft of property for acts committed against Caitlin Dempsey, who had given a ride to Cosey and another person. Cosey waived her right to a jury trial, was tried before the bench, and was convicted of the robbery charge and a reduced charge of Class D felony theft. She received concurrent terms of seventy-two months' probation and was ordered to pay a fine, fees, and restitution.

On appeal, Cosey does not challenge her conviction of robbery. She concedes that she attempted to take Dempsey's cell phone and employed physical force in fighting to get the phone, and she admits asking Dempsey to stop in the parking lot where the struggle occurred. But she asserts that the back-seat passenger took advantage of the front-seat struggle to steal Dempsey's wallet and the $3700 it contained. She argues that the evidence was insufficient to show that she had committed the theft and that the State failed to establish accomplice liability on her part. We affirm.

A person commits theft of property if she knowingly (1) takes or exercises unauthorized control over another person's property with the purpose of depriving the owner of the property, or (2) obtains another person's property by deception or by threat with the purpose of depriving the owner of the property. Ark. Code Ann. § 5-36-103 (Repl. 2013). Our criminal code defines " accomplice" as follows:

(a) A person is an accomplice of another person in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, the person:
(1) Solicits, advises, encourages, or coerces the other person to commit the offense;
(2) Aids, agrees to aid, or attempts to aid the other person in planning or committing the offense; or
(3) Having a legal duty to prevent the commission of the offense, fails to make a proper effort to prevent the commission of the offense.
(b) When causing a particular result is an element of an offense, a person is an accomplice of another person in the commission of that offense if, acting with respect to that particular result with the kind of culpable mental ...

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