This section contains the nature of the case and procedural background.

Evans (D), Tinch (D), and Jermaine Corbitt discussed stealing stereo equipment from automobiles. They were in possession of screwdrivers, pliers, and various car keys. Tinch (D) drove the trio in his car to a mall parking lot to find a car to break into. They slowly drove through the parking lots of the mall and two other nearby shopping centers for approximately 45 minutes but left without entering an automobile because they were being followed by a pickup truck. They later learned that the pickup truck was occupied by undercover police officers. Ds were charged with the criminal intent to enter an automobile. Ds were convicted and appealed. Ds claim there was insufficient evidence that they took a substantial step toward entering an automobile.

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