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SIMMONS v. STATE

No. A05A1654.

629 S.E.2d 86 (2006)

278 Ga. App. 372

SIMMONS v. The STATE.

Court of Appeals of Georgia.

March 23, 2006.

Attorney(s) appearing for the Case

Jerry W. Moncus, Dalton, for Appellant.

Kermit N. McManus, Dist. Atty., Herbert M. Poston, Jr., Stephen E. Spencer, Asst. Dist. Attorneys, for Appellee.

BARNES, Judge.

Tony Simmons appeals from his felony shoplifting conviction, contending insufficient evidence supports his conviction and that the trial court imposed an illegal sentence. For the reasons that follow, we affirm his conviction, vacate his sentence, and remand this case to the trial court for resentencing.

1. "On appeal, the evidence must be viewed in the light most favorable to the verdict and the appellant...

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