State of Louisiana v. Grace Trosclair

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 19-833

STATE OF LOUISIANA VERSUS GRACE TROSCLAIR

THIBODEAUX, Chief Judge, dissenting in part.

I disagree with the majority’s conclusion that theft of more than $750 but less than $1,500 was proven.

The victim, Judy Longino, testified that she paid $680 to replace the stolen medication. While the pharmacist did place the value of the medicine at approximately $7,000, he did not address the Medicare discount. He only testified regarding the retail value of the medications. If the proper value of the medications were based on the price of the medications after the Medicare discount, the evidence would not support a conviction of theft of more than $750. The theft was from Ms. Longino. Ms. Longino was deprived of $680 because of the defendant’s conduct.

The defendant should be convicted of stealing that amount. I would vacate the defendant’s sentence and enter a judgment of guilty of theft having a value of less than $750, and I would remand for resentencing under La.R.S. 14:67 in effect at the time the offense was committed.

For the foregoing reasons, I respectfully dissent in part.