State v. Erica Lynn Fuller
06-15-00037-CR
| Tex. App. | Jun 5, 2015Background
- Erica Lynn Fuller was business office manager at Brentwood Terrace Nursing & Rehab and handled payroll, accounts payable, and the residents’ trust (petty cash) accounts from 2009–2012.
- Audits by the Texas Department of Aging and Disability Services (DADS) in 2010 revealed trust-account discrepancies, unsigned disbursements, and an inability to reconcile petty cash; Fuller and a receptionist (Whipkey) were suspended and Fuller was later terminated.
- Corporate investigator Miller found multiple resident trust deposits (recorded in deposit books in Fuller’s handwriting) that were not present in either Brentwood bank account; one resident (Hughes) was short roughly $8,000, later repaid by the facility.
- A Lamar County grand jury indicted Fuller for theft of U.S. currency valued $1,500–$20,000; at trial the State presented bookkeeping records and testimony from Neisler, Brown (administrator), and Miller.
- The jury found Fuller guilty, but after verdict the trial court granted Fuller’s renewed motion for directed verdict and entered judgment notwithstanding the verdict (functional acquittal); the State appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Fuller) | Held |
|---|---|---|---|
| Whether trial court abused discretion by granting JNOV/new trial for insufficiency of evidence | Evidence (records, Miller’s accounting testimony, Fuller’s control over deposits) was legally sufficient for a rational jury to find theft beyond a reasonable doubt | Defense argued the evidence showed transfers between accounts or bookkeeping errors and relied on authority requiring proof of control/possession; cited Rosenbush-style authority | State argues trial court erred; appellate posture seeks reinstatement of jury verdict |
| Whether Fuller “appropriated” or “exercised control” over trust funds as theft element | Fuller was in position to exercise control (prepared deposit slips, held keys, made deposits); missing deposits not found in bank records and resident funds were used to pay operations | Fuller contended she did not take funds; losses resulted from bookkeeping or corporate processes, not criminal appropriation | State says Stewart and related authority support appropriation via exercise of control without physical removal |
| Whether trial court substituted its judgment for jury’s (acted as 13th juror) | Trial court denied directed verdict after State rested and evidence was uncontroverted; later granting same motion was outside zone of reasonable disagreement | Defense re-urged motion after verdict; trial court exercised discretion to set aside jury verdict | State contends appellate review should reverse trial court as abuse of discretion because evidence met legal-sufficiency standard |
| Procedural right of State to appeal JNOV/new trial | Article 44.01 permits State to appeal an order granting a new trial; State timely filed notice | (No opposing procedural claim preserved in brief) | State relied on precedent and timely appeal; court of appeals previously denied mandamus but appeal proceeds |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (deference to jury credibility/weight on legal-sufficiency review)
- Stewart v. State, 44 S.W.3d 582 (Tex. Crim. App. 2001) (appropriation may be shown by exercise of control that deprives owner even without taking possession)
- State v. Savage, 933 S.W.2d 497 (Tex. Crim. App. 1996) (JNOV/new-trial effect and review standards)
- Gorman v. State, 634 S.W.2d 681 (Tex. Crim. App. 1982) (interpretation of "exercise control" in theft statute)
- Hill v. State, 633 S.W.2d 520 (Tex. Crim. App. 1981) (taking off premises not required; control sufficient)
- State v. Muller, 829 S.W.2d 805 (Tex. Crim. App. 1992) (procedural requirement that elected prosecuting attorney make State's appeal)
- United States v. Wilson, 420 U.S. 332 (U.S. 1975) (reinstating a jury verdict on appeal does not violate double-jeopardy policy)