State of Tennessee v. Kandi Sue Gaines, M2016-02515-CCA-R3-CD

Defendant Kandi Sue Gaines was convicted after a Lawrence County bench trial of Class A misdemeanor shoplifting for taking cosmetics valued at $317; sentence: 11 months, 29 days on probation.
Walmart asset-protection employee observed Gaines take a black cosmetic bag from a shelf, remove its price tag, and place multiple cosmetic items into the unzipped bag while openly carrying a firearm; officer observed and escorted her for questioning.
Store scanner/employee produced a receipt valuing the items at $317; security footage showed Gaines in the cosmetics department for ~38 minutes placing items into the bag.
Gaines testified she placed items in the bag to prevent small items from falling through her cart’s grid and intended to text a friend to decide which to buy; she admitted a prior 2007 shoplifting conviction but denied intent to steal here.
Trial court credited State witnesses and found beyond a reasonable doubt that Gaines knowingly took possession of the cosmetics with intent to deprive the merchant; no trial transcript was prepared, but a statement of evidence was filed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to support shoplifting conviction	State: Evidence of removing price tag, placing merchandise into a bag, time spent selecting items, and surveillance support intent to deprive merchant	Gaines: Placed items in bag to prevent them falling through cart; intended to consult friend before purchase; lacked funds for all items	Affirmed — viewing evidence in light most favorable to State, trier of fact could find elements beyond reasonable doubt
Claim that concealment was not proved (reliance on Logan)	State: Charged alternatively for concealment or taking/possession; proof supports taking/possession with intent	Gaines: Relies on Logan (civil malicious prosecution) to argue no concealment/insufficient evidence	Rejected — Logan not persuasive; statute allows conviction without proving concealment (alternative theory)

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
Vasques v. State, 221 S.W.3d 514 (Tenn. 2007) (appellate standard of review for sufficiency)
Bland v. State, 958 S.W.2d 651 (Tenn. 1997) (factfinder credibility determinations)
Sheffield v. State, 676 S.W.2d 542 (Tenn. 1984) (role of appellate court in weighing evidence)
Hall v. State, 976 S.W.2d 121 (Tenn. 1998) (circumstantial and direct evidence sufficiency)
Sutton v. State, 166 S.W.3d 686 (Tenn. 2005) (evidence standards)
Dorantes v. State, 331 S.W.3d 370 (Tenn. 2011) (same standard for direct and circumstantial evidence)
Hanson v. State, 279 S.W.3d 265 (Tenn. 2009) (evidentiary standards)
Logan v. Kuhn’s Big K Corp., 676 S.W.2d 948 (Tenn. 1984) (civil malicious prosecution case; Court found it inapplicable here)