Client had
2 prior convictions for theft, hence as a habitual offender she
was subjected to 5 years in prison.
Client was caught on video tape as a cashier at Wal-Mart taking
$10.00 from the cash register. The state called Wal-Mart’s
regional loss prevention expert to testify, showed the jury the
video tape and introduced client’s “confession”.
The defense called no witnesses.
The defense argued that the state failed to prove “intent”
to steal. The video showed how busy Client was and that she was
attempting to buzz her manager to get a roll of quarters in exchange
for the $10.00 bill.