Rachel Elizabeth Milner v. State
12-16-00234-CR
Tex. App.Jul 31, 2017Background
- Rachel Elizabeth Milner, Sears automotive sales manager, was indicted for state-jail felony theft for allegedly charging $17,614.28 in unauthorized purchases to two Sears corporate credit cards between Jan. 31, 2013 and May 8, 2014.
- Sears loss-prevention manager Malory Cox investigated after co-worker Ian White reported Milner driving Enterprise rental cars with personal items for extended periods.
- Corporate investigator Jeff Harris compiled a chart identifying $17,614.28 in charges at rental agencies, gas stations, restaurants, and grocery stores, which Cox testified were unauthorized.
- Milner testified purchases were business-related, that she had authorization or submitted expenses for reimbursement, and sometimes loaned her card; she produced no receipts and denied being terminated (saying she resigned).
- The bench trial court convicted Milner, sentenced her to two years (suspended) and five years' community supervision, and ordered restitution of $17,614.28 to Sears.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove theft | State: evidence (Cox testimony, Harris chart, White's observations) proves unlawful appropriation with intent to deprive | Milner: purchases were authorized business expenses; delay in investigation and lack of Harris testimony undermine proof | Court: Evidence sufficient; deference to factfinder on credibility; conviction affirmed |
| Denial of directed verdict | State: same evidence warranted denial | Milner: same sufficiency complaints; trial judge should have granted acquittal | Court: Motion for directed verdict is same as sufficiency challenge; denial proper because evidence supported conviction |
| Restitution amount ($17,614.28) | State: restitution supported by trial evidence showing unauthorized charges | Milner: challenges factual basis for restitution (only letter in PSI, argued insufficient) | Court: Milner failed to object at sentencing while accepting community supervision, so she waived complaint; in any event record contains factual basis; restitution affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Brooks v. State, 323 S.W.3d 893 (credibility deference and sufficiency standard application)
- Hooper v. State, 214 S.W.3d 9 (circumstantial evidence can alone support conviction)
- Martin v. State, 874 S.W.2d 674 (requirement of factual basis in record for restitution)
- Gutierrez-Rodriguez v. State, 444 S.W.3d 21 (community-supervision conditions treated as contractual; failure to object waives challenge)
- Chambers v. State, 805 S.W.2d 459 (factfinder may believe all, some, or none of testimony)
- Adames v. State, 353 S.W.3d 854 (factfinder entitled to draw reasonable inferences to determine intent)