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ALLEN v. STATE

No. A13A1969.

754 S.E.2d 795 (2014)

325 Ga. App. 752

ALLEN v. The STATE.

Court of Appeals of Georgia.

February 18, 2014.

Attorney(s) appearing for the Case

James Kenneth Luttrell , Woodstock, for Appellant.

James Alan Dooley , Steven Charles Knittel , James David McDade , for Appellee.

BOGGS, Judge.

A jury found Xavier Allen guilty on one count of theft by shoplifting for taking items of clothing from a department store.1 Following the denial of his amended motion for new trial, Allen appeals, asserting that the evidence was insufficient, that the trial court erred in failing to give his requested instruction on mere presence, and erred in failing to exercise its discretion in sentencing him. Having reviewed these claims...

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