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

D, 'Moose' and Joey, went to a relative's apartment to avoid being picked up by police for curfew violations. The boys ended up spending the entire night at the apartment. While the boys remained in her apartment, she returned about fifteen minutes later to find the boys gone, the door to her apartment wide open, and two of her guns missing. She found them hanging out together near her apartment complex. She confronted the boys about the theft of her guns and demanded that they return them to her. When they failed to do so, she reported the theft to the police. Two days after the theft she discovered that her camcorder was also missing, and she immediately reported its theft to the police. The police found the camcorder at a local pawn shop, where it had been pawned on the same day the guns were stolen. Inside was a videotape featuring footage of D, Moose, and Joey. The tape included a segment where Moose telephoned a friend, in D's presence, and discussed pawning the stolen camcorder. D never spoke or gestured during any of this footage. D was charged with two counts of theft of a firearm; and one count of theft, relating to the camcorder. D was tried under an accomplice theory on the three theft charges. D appealed.

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