A.D. v. State

• Decision Date: 28 January 2015
• Docket Number: No. CR–14–420,CR–14–420
• Citation: 453 S.W.3d 696,2015 Ark. App. 35
• Parties: A.D., Appellant v. State of Arkansas, Appellee
• Court: Arkansas Court of Appeals

2015 Ark. App. 35

453 S.W.3d 696

A.D., Appellant

v.State of Arkansas, Appellee

No. CR–14–420

Court of Appeals of Arkansas, DIVISION I.

Opinion Delivered January 28, 2015

Flinn Law Firm, P.A., by: Jennifer Williams Flinn, for appellant.

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

Opinion

BRANDON J. HARRISON, Judge

Fifteen-year-old A.D. appeals the Benton County Circuit Court's order that found him guilty as an accomplice to theft of property and adjudicated him delinquent. On appeal, he argues that the evidence was insufficient to support the court's ruling. We affirm.

In an amended delinquency petition filed 22 January 2014, A.D. was charged as an accomplice to theft of property, a Class A misdemeanor. The State alleged that A.D. aided two other juveniles in shoplifting from Gordman's. The court held a hearing in February 2014, and Jill Timbes, a Gordman's employee, testified that she was in charge of “audit safety” and monitored security cameras, associates, and people entering the building. She explained that on September 7, 2013, she observed A.D. and another juvenile, C.B., enter the store, and that A.D. “looked up for a camera” when they entered the store. She agreed that it was protocol for her to observe anyone that either looked up at the cameras or proceeded to the fragrance and jewelry areas, which are the store's highest theft areas. She observed the two young men wander around the store and stated that A.D. seemed nervous, describing him as “rocking back and forth, kind of wringing his hands, and just looking down the aisles. He was looking out more than he was looking at merchandise.” The two young men then met up with a female, A.M., who was carrying “a lot” of store merchandise and a large black purse. Around this time, Timbes was also notified that store employees had found several empty hangers in the shoe department.

Timbes observed the three juveniles walking through the store and eventually stopping in the shoe department, where C.B. and A.M. proceeded to squat down to the floor for several minutes with A.D. standing “right over them.” Timbes described A.D. as looking “back and forth” and “nervous.” The prosecutor then played a DVD of the store surveillance footage from that day, which was a stipulated exhibit. Timbes explained that she confronted A.M. and C.B. as they left the store and took them to her office, then went back to confront A.D., who was walking out of the store. Timbes found several items in A.M.'s purse, including a leather jacket, shirts, socks, and a speaker. C.B. also had a speaker down his pants. A.D. did not have any merchandise in his possession.

Officer Christopher Douglas with the Rogers Police Department testified that he responded to a shoplifting report on September 7 and that he observed the three juveniles in Timbes's office. Douglas stated that the juveniles were cooperative and that A.D. “admitted to shoplifting, as well as the others. I can't give you specifics of what it was. But it made me believe he was just as culpable as the other two that were there.” He explained that the juveniles were arrested but released to their parents' custody.

At the close of the State's case, A.D. moved to dismiss,¹ arguing that he was “just there” and that “mere presence is not an accomplice to the theft.” The court denied the motion and stated that

if you're going to stand right next to your friends stealing stuff, and you block the aisle, you are—by your actions—helping the theft occur.

And then when you walk around with your friends like you're just some good old shoppers, just out there to spend the money, acting like normal kids that are going to do some shopping, you're, after-the-fact, helping complete the crime.

....

And when you stand there watching them steal, looking around, making sure nobody else is watching them steal, you're a part of the crime. You're a lookout.

C.B. then testified and admitted that he shoplifted from Gordman's. He stated that he and A.D. had ridden in A.M.'s car to the store, but he denied A.D.'s involvement, stating that “when we were literally done, he [A.D.] goes, ‘Come on man, I'm leaving. There's people coming, and I don't want to be a part of this.’ ” C.B. testified that A.D. was angry and that he did not help them shoplift.

A.D. renewed his motion to dismiss, which was again denied. The court stated, “I didn't see [A.D.] getting mad, and telling them it was stupid, and trying to leave. I didn't see any of that in the video.” Addressing A.D., the court found that “once you have knowledge that the stolen items are on the possession of your friends, and walking around the store, acting like normal teenagers, that nothing is going on; you've now become part of the scheme, the plan.” The court found A.D. guilty, sentenced him to three months' probation, and assessed various costs and fees. A.D. now appeals to this court.

While a delinquency adjudication is not a criminal conviction, it is based upon an allegation by the State that the juvenile has committed a certain crime. J.F. v. State, 2009 Ark. App. 499, 2009 WL 1813239. Our standard of review is the same as it would be in a criminal case, that is, whether the adjudication is supported by substantial evidence. E.S. v. State, 2013 Ark. App....