State v. Bruce, 93 So. 3d 717

Bruce was charged by information with theft over $500 for taking $8,500 from A.J. Wilson by misrepresenting his ability to move Wilson's house.
Wilson hired Triple A (Bruce’s house-moving business) to move the house; Bruce caused delays and represented delays as weather, vehicle issues, or other reasons.
Bruce allegedly signed contracts under a false name and used Adams’ name to sign; the ownership/control of Triple A was contested.
Wilson paid $8,500 upfront; Bruce later offered refunds to avoid continued performance, culminating in a claim that the house would not be moved for months.
Evidence showed Bruce purportedly moved only the small building for $500 and offered to refund if forced, and a bench trial found him guilty as charged.
Bruce had prior felony convictions and probation; his probation was revoked in 2007; Adams was charged separately with theft.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to prove theft by fraud	Bruce misrepresented intent and caused the loss of Wilson's money.	Disputes ownership/control of Triple A and access to funds undermines proof of taking.	Evidence supported guilt beyond a reasonable doubt.
Admissibility of other crimes evidence under 404(b)(1)	Pattern of prior similar acts shows intent, motive, and absence of mistake.	Other acts are prejudicial and should be excluded unless probative of the charged crime.	Court did not abuse discretion; probative value outweighed prejudice; admissible to prove intent.
Excessiveness of the sentence under La. R.S. 14:67	Consideration of prior history and aggravating factors supports a ten-year term.	Sentence is excessive given circumstances and potential mitigating factors.	Ten years at hard labor affirmed; not grossly disproportionate.

State v. Hardy, 376 So.2d 131 (La. 1979) (intent to defraud inferred from circumstances; misrepresentation of current intent establishes theft by fraud)
State v. Prieur, 277 So.2d 126 (La. 1973) (admissibility framework for 404(b) evidence; probative value vs. prejudice)
State v. Jackson, 625 So.2d 146 (La. 1993) (permissible use of similar acts to prove intent; standard for admission)
State v. Roberson, 929 So.2d 789 (La. App. 2 Cir. 2006) (balance of probative value and prejudice for 404(b) evidence)
State v. Scales, 655 So.2d 1326 (La. 1995) (trial court abuse of discretion standard for 404(b) rulings; harmless error review)
State v. Eason, 3 So.3d 685 (La. App. 2 Cir. 2009) (credit to credibility and deference to trial court findings)
State v. Hardy, 376 So.2d 131 (La. 1979) (intent to defraud inferred; misrepresentation of present state of mind as to future obligation)
State v. Jacobs, 803 So.2d 933 (La. 2002) (balancing probative value and prejudice in 404(b) evidence)