State v. Greene

Summary

The Supreme Court of Louisiana reversed the Fourth Circuit and reinstated Grady N. Greene's conviction and sentence for unauthorized use of a movable. The court held that the evidence supported a finding that Greene fraudulently obtained and used a homeowner's advance payment, including by misrepresenting that he was a licensed Louisiana contractor. The court deferred to the trial court's factual findings and remanded for execution of the sentence.

Holdings

1. The evidence, viewed in the light most favorable to the prosecution, was sufficient for a rational trier of fact to find Greene guilty beyond a reasonable doubt of unauthorized use of a movable.
2. Money is a corporeal movable capable of being taken or used in an unauthorized manner under Louisiana's unauthorized-use statute.
3. The court of appeal erred by substituting its own interpretation of the evidence for the trial court's reasonable determination that Greene's hypothesis of a legitimate civil dispute was not credible.

Questions Presented

1. Whether the evidence was sufficient to support Greene's conviction for unauthorized use of a movable.
2. Whether money received as an advance under a home-repair contract constitutes a movable that may be the subject of unauthorized use.
3. Whether the court of appeal improperly substituted its assessment of the evidence for the trial court's reasonable factual findings concerning fraudulent intent.
4. Whether Greene's conduct was merely a civil contract dispute or also constituted criminal unauthorized use through fraudulent representations.

Disposition

reversed_and_remanded