Stone v. State, 2015 Ark. App. 543

Terkessa Stone, former head administrator/bookkeeper at Little Scholars Schools, was convicted after a bench trial of fraudulent use of a credit card (Class C felony) for a $973.22 Verizon payment and sentenced to probation, fine, restitution, and costs.
Sipe (director/employer) testified Stone had access to his personal credit card for school purchases; his card was charged $973.22 to Verizon on December 6, 2010.
Verizon sent a thank-you note to Stone acknowledging payment of $973.22; Sipe discovered other irregular charges and considered them fraud.
Stone initially denied making the Verizon charge but later admitted using the credit card, acknowledged financial difficulties, and promised to repay Sipe (which he never received).
Detective Farley testified Stone said she needed to pay her phone bill and claimed she sought Sipe’s permission while he was on vacation; the defense argued lack of proof of a purpose to defraud.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence that Stone used the card with purpose to defraud	State: testimony, card access, Verizon note, initial denial, later promise to repay show fraudulent purpose	Stone: claimed she had authorization or believed she had permission to use the card to pay her phone bill	Court: Affirmed — substantial circumstantial evidence supports finding of fraudulent purpose
Whether the use was unauthorized	State: unauthorized December 6 charge and lack of reimbursement show unauthorized use	Stone: asserted Sipe authorized the payment or forgot authorizing it; argued no proof of unauthorized use	Court: Affirmed — evidence supported conclusion the use was unauthorized

Killian v. State, 60 Ark. App. 127, 959 S.W.2d 432 (test for sufficiency is substantial evidence)
Britt v. State, 334 Ark. 142, 974 S.W.2d 436 (substantial evidence must be more than speculation)
Patterson v. State, 326 Ark. 1004, 935 S.W.2d 266 (fraudulent use under § 5-37-207 covers use of stolen/revoked/unauthorized cards)