Cosey v. State
2014 Ark. App. 441
| Ark. Ct. App. | 2014Background
- Teleatha Cosey was tried in bench trial and convicted of robbery and reduced Class D felony theft for an October 2, 2012 incident; she received concurrent probationary terms and financial penalties.
- Victim Caitlin Dempsey had counted cash ($3,700) and was given a ride by Cosey and an adolescent male requester; while stopped in a parking lot Cosey grabbed Dempsey’s phone and a physical struggle ensued.
- During the struggle, the rear-seat adolescent ran to Dempsey’s open car door, stole her wallet containing $3,700, and fled; witnesses pursued and detained Cosey until police arrived.
- Cosey admitted attempting to take the phone and using force in the struggle but denied involvement in the wallet/theft and claimed intoxication and lack of prior relationship with the adolescent.
- The State prosecuted theft based on accomplice liability theories (soliciting, aiding, or failing to prevent the theft); the trial court credited the State’s evidence and convicted Cosey of theft as an accomplice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict Cosey of theft via accomplice liability | State: Circumstantial evidence (presence, opportunity, association, flight, witness ID) supports inference Cosey and teen acted in concert to divert attention and steal wallet | Cosey: Evidence is equally consistent with independent conduct by the teen who opportunistically stole the wallet; no proof she solicited, aided, or had duty to prevent theft | Court affirmed: fact-finder could infer concerted action; credibility choices, flight, and circumstances supported accomplice liability and theft conviction |
Key Cases Cited
- None (opinion cites Arkansas appellate slip opinions that do not have official reporter citations provided in the opinion).