
    55529.
    PHAGAN v. THE STATE.
   Smith, Judge.

This appeal from a theft by taking conviction alleges only an insufficiency of evidence, but ample evidence in the record contradicts the appellant’s contentions.

Submitted March 2, 1978

Decided May 9, 1978

Rehearing denied May 31, 1978

B. Wayne Phillips, for appellant.

Robert E. Keller, District Attorney, Clifford A. Sticher, Assistant District Attorney, for appellee.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.  