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SMALLWOOD v. STATE

No. A-2695.

781 P.2d 1000 (1989)

John SMALLWOOD, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

November 3, 1989.

Attorney(s) appearing for the Case

Charlene A. Lichtmann, Anchorage, for appellant.

Ron Sutcliffe, Asst. Dist. Atty., James L. Hanley, Dist. Atty., Kenai, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

COATS, Judge.

John Smallwood was convicted of theft in the third degree in violation of AS 11.46.140. Smallwood was prosecuted on the theory that he was legally accountable for the conduct of his twenty-year-old, mentally retarded daughter, Patricia Smallwood. Alaska Statute 11.16.110 provides in part:

Legal accountability based upon the conduct of another: Complicity. A person is legally accountable for the conduct of another constituting...

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