State v. Thompson, 189 So. 3d 1139

On Oct. 3, 2013, Family Dollar manager Tammy Fatheree placed $900 petty cash in the store safe but left the door ajar; minutes later a bag with $715 in bills was missing. Surveillance video showed a man in a white "Fast Tax" shirt take something from the safe.
Police identified and charged Johnny Thompson Jr.; he rejected a plea deal and proceeded to trial.
At trial Thompson admitted taking the money bag but claimed it contained only about $240; he also denied a police statement saying he was not the person in the video.
The trial court found Thompson guilty of felony theft (value $500–$1,500) based on the video, manager’s testimony, and Thompson’s admission that he took the bag.
The State subsequently proved Thompson’s multiple prior felony convictions (via bills of information, fingerprints, and plea colloquies) and adjudicated him a fourth-felony habitual offender.
Thompson was sentenced to 36 years at hard labor (no probation or suspension); he appealed on sufficiency and excessiveness grounds.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Thompson)	Held
Sufficiency of evidence to prove theft ≥ $500	Surveillance, manager’s recounting showing $715 missing, and Thompson’s admission he took the bag support conviction	Manager’s counts were inconsistent; Thompson said bag held only ~$240	Conviction affirmed — evidence sufficient when viewed in light most favorable to prosecution (credibility for factfinder)
Excessive sentence under habitual-offender law	Trial court considered La. C.Cr.P. art. 894.1 factors and defendant’s extensive felony record; mandatory minimums apply	36 years is effectively life for a 51-year-old, nonviolent offense, family responsibilities, and later statutory amendment would make offense misdemeanor	Sentence affirmed — within habitual-offender statutory range; defendant failed to show he is an exceptional case rebutting presumption of constitutionality

Jackson v. Virginia, 443 U.S. 307 (establishes sufficiency-of-the-evidence standard: whether any rational trier of fact could find guilt beyond a reasonable doubt)
State v. Hearold, 603 So.2d 731 (La. 1992) (adopts standards for appellate review of sufficiency in light of Jackson)
State v. Johnson, 709 So.2d 672 (La. 1998) (habitual-offender sentencing presumption of constitutionality and burden to show exceptionality)
State v. Blackwell, 377 So.2d 110 (La. 1979) (offense retains felony status for multiple-offender purposes even if later reduced)
State v. Sugasti, 820 So.2d 518 (La. 2002) (penalty in effect at time of offense controls; ameliorative changes are a sentencing factor but do not change applicable penalty)