COLE v. STATE

No. CR-12-755.

2013 Ark.App. 492

IVORY LAMAR COLE, APPELLANT, v. STATE OF ARKANSAS, APPELLEE.

Court of Appeals of Arkansas, Division II.

Opinion Delivered September 18, 2013.


Attorney(s) appearing for the Case

Warner Legal Services, by: Margo D. Warner , for appellant.

Dustin McDaniel , Att'y Gen., by: Karen Virginia Wallace , Ass't Att'y Gen., for appellee.


ROBERT J. GLADWIN, Chief Judge.

An Arkansas County jury convicted appellant, Ivory Cole, of theft of property and sentenced him to sixty months' imprisonment in the Arkansas Department of Correction (ADC). His sole argument on appeal is that the circuit court erred in failing to instruct the jury on the lesser-included offense of attempted theft. We affirm.

On October 18, 2011, at approximately 9:00 p.m., appellant entered the main entrance of the Wal-Mart...

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