Tierra Nicole Allen v. State
14-14-00810-CR
| Tex. App. | Aug 13, 2015Background
- At ~2:00 a.m. Tierra Nicole Allen pushed a Wal‑Mart cart containing groceries and other items to a self‑checkout lane and scanned/paid for some items using an EBT SNAP card.
- Store managers observed unscanned items (DVDs, clothing, infant items, cable, etc.) hidden under bags of scanned groceries; receipt showed payment for $40.73 in groceries, while unpaid items totaled $147.24.
- Security video and manager testimony identified Allen as the person exercising primary control over the cart and completing the self‑checkout transaction.
- Managers testified Allen concealed items under scanned bags, passed all points of sale without paying for those items, and had no permission to take them; some items could not be bought with SNAP.
- Allen argued on appeal the evidence was legally insufficient to show (1) criminal intent to deprive and (2) that the complaining witness was the owner of the goods.
- The jury convicted Allen of theft, sentenced her to 180 days confinement and a $147.24 fine; the Fourteenth Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to show intent to deprive | State: Allen’s conduct — concealing unscanned items, passing points of sale, possession of recently stolen property, failure to offer a reasonable explanation — permits inference of intent | Allen: No direct evidence of criminal intent; may have been mistake or others placed items in cart | Affirmed — jury reasonably inferred intent from circumstantial evidence and video/testimony |
| Ownership / lack of effective consent | State: Assistant manager Dorsey, as Wal‑Mart representative, testified Wal‑Mart did not give consent and had greater possessory right | Allen: Challenged proof that complaining witness was owner of the goods | Affirmed — Dorsey’s testimony established Wal‑Mart’s possessory interest and lack of consent |
Key Cases Cited
- Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (standard for reviewing legal sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (constitutional sufficiency standard for criminal convictions)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (factfinder role in credibility and weight of evidence)
- Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000) (resolving conflicts in evidence in favor of the verdict)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (review includes properly and improperly admitted evidence)
- Gant v. State, 278 S.W.3d 836 (Tex. App.—Houston [14th Dist.] 2009) (culpable mental state usually proved circumstantially)
- Martin v. State, 246 S.W.3d 246 (Tex. App.—Houston [14th Dist.] 2007) (mental state inferred from acts, words, and conduct)
- Uyamadu v. State, 359 S.W.3d 753 (Tex. App.—Houston [14th Dist.] 2011) (possession of recently stolen property and failure to explain supports inference of guilt)
- Hardesty v. State, 656 S.W.2d 73 (Tex. Crim. App. 1983) (same)
- Poncio v. State, 185 S.W.3d 904 (Tex. Crim. App. 2006) (same)
- Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010) (jury as exclusive judge of witness credibility)
- Byrd v. State, 336 S.W.3d 242 (Tex. Crim. App. 2011) (definition and pleading of owner/special owner)
- Dingler v. State, 705 S.W.2d 144 (Tex. Crim. App. 1984) (permissible to allege a natural person as owner for a corporation)
- Freeman v. State, 707 S.W.2d 597 (Tex. Crim. App. 1986) (if accused asserts no possessory interest, proof another had possession establishes prima facie ownership)
- Burgess v. State, 448 S.W.3d 589 (Tex. App.—Houston [14th Dist.] 2014) (theft elements)