Testimony from store employee was sufficient to
establish ownership in shoplifting adjudication. [In the Matter of R.L.S.](10-2-11)
On April 15, 2010, the Eastland Court of Appeals
found that the trial court did not abuse its discretion by finding that
testimony from employee was sufficient to establish that manager was owner of
property under theft petition, even though manager did not appear in court to
testify.
10-2-11. In the Matter of R.L.S., MEMORANDUM,
No. 11-08-00170-CV, 2010 WL 1500864, Tex.App.-Eastland (4/15/10).
Facts: The State alleged, and the trial court
found, that R.L.S. unlawfully appropriated clothing worth between $50 and $500
without the effective consent of Adam White, the Sears Loss Prevention Manager.
Theft occurs when a person unlawfully appropriates property with the intent to
deprive the owner of the property. TEX. PENAL CODE ANN. § 31.03(a) (Vernon
Supp.2009). Appropriation is unlawful if it is without the owner's effective
consent. Section 31.03(b)(1). An owner is a person who has title to the
property, possession of the property whether lawful or not, or a greater right
to possession of the property than the actor. TEX. PENAL CODE ANN. § 1.07(a)(35)
(Vernon Supp.2009). Possession means actual care, custody, control, or
management. Section 1.07(a)(39). Exclusive control of the property need not be
vested in the owner. Turner v. State, 636 S.W.2d 189, 193 (Tex.Crim.App.1982).
Anyone who had a greater right to possess, control, or manage the stolen
property than appellant could be alleged as the owner of the property. Long v.
State, 7 S.W.3d 316, 320 (Tex.App.-Beaumont 1999, no pet.). Proof of ownership
may be made by direct or circumstantial evidence. Robertson v. State, 871 S.W.2d
701, 707 (Tex.Crim.App.1993).
When the property stolen is the property of a
corporation, it is permissible to allege ownership in some natural person acting
for the corporation such as an employee who has care, custody, and control of
the property. Harrell v. State, 852 S.W.2d 521, 523 (Tex.Crim.App.1993). It is
the employment relationship that determines whether a given individual can be a
special owner of the property. Cross v. State, 590 S.W.2d 510, 511 (Tex.Crim.App
.1979). A person acting on behalf of a corporation, with managerial authority
and responsibility over its goods, is the effective owner. Johnson v. State, 606
S.W.2d 894, 896 (Tex.Crim.App.1980).
Held: Affirmed
Memorandum Opinion: R.L.S. argues that there is
legally insufficient evidence that White was an owner. Victoria Olgin, a Loss
Prevention Detective for Sears, testified for the State. Olgin was operating the
security cameras when two females walked into the junior department. Olgin was
also employed as a juvenile detention officer at Culver Detention Center, and
she recognized R.L.S. as one of the two females. Olgin observed them select
merchandise, walk to the children's department, and go into the dressing rooms.
Olgin suspected theft when they came out without all of the merchandise, and she
detained them. R.L.S. asked Olgin to let them go, but Olgin refused and held
them until a police officer arrived. The officer searched their bags and found
merchandise with Sears tags in R.L.S.'s bag. R.L.S. did not have a receipt for
this merchandise.
Olgin testified that White was her previous manager;
that he was no longer employed by Sears; but that, on the day of the incident,
he was the Loss Prevention Manager. Olgin testified that R.L.S. did not have
permission from Sears to take the merchandise and that R.L.S. did not pay for
it.
Conclusion: The trial court did not abuse its
discretion by finding that R.L.S. had committed further delinquent conduct.
Olgin's testimony is sufficient to establish that White was a Sears manager on
the date of the shoplifting incident and, therefore, sufficient to establish
that he was a special owner.
We note also that the trial court specifically found
that R.L.S. had failed to report to her probation officer four times, had four
unexcused absences from school, was truant from school twice, had improperly
gone to the mall without supervision, and had failed to attend the female
offender program three times. R.L.S. does not challenge any of these findings.
Each of them is sufficient to justify the trial court's disposition. The order
of the trial court is affirmed.