Court of Appeals of Arkansas April 21, 2004, CA CR 03-912 (Payne v. State)

John F. Stroud ,Jr., Chief Judge.

John Payne was convicted in a bench trial of the offenses of robbery and misdemeanor theft of property, for which he was sentenced to five years’ probation. His sole point on appeal is that the trial judge erred in denying his motions to dismiss the robbery charge because there was insufficient evidence of the use of force in the commission of the theft.