Trish M. Goman v. State of Arkansas

ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

KAREN R. BAKER, JUDGE

DIVISION II

TRISH M. GOMAN

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR00-121

MARCH 21, 2001

APPEAL FROM THE GARLAND COUNTY CIRCUIT COURT

[NO. CR1999-67]

HONORABLE TOM SMITHERMAN, JR., CIRCUIT JUDGE

AFFIRMED

The appellant, Trish Goman, was convicted of two counts of theft of property and one count of forgery in the first degree in Garland County. At the conclusion of a jury trial, appellant was sentenced to three years' imprisonment and a $5,000 fine on each theft count, and five years' imprisonment and a $10,000 fine on the forgery count. On appeal, appellant argues that the trial court erred in denying appellant's motion for a directed verdict on the basis that there was insufficient evidence to sustain a conviction of theft of property and forgery in the first degree. We affirm.

Mr. Trish Goman, also known as Trish Fischiettie and Irving O. Rector, Jr., was employed by Rosewood Manor Nursing Home in Hot Springs as a certified nursing assistant between March and June of 1997. Appellant was terminated in June 1997; yet, administrators of the nursing home testified as to his presence at the nursing home as late as

August 1997. During trial, the State put on evidence of several instances during appellant's employment, and soon thereafter, where checks payable to the nursing home, drawn by the nursing home, or payable to residents of the nursing home disappeared. On May 1, 1997, the U.S. Treasury issued a Veteran's Administration pension check for $90 to Mr. Gossage, a resident of the nursing home, approximately ten days after Mr. Gossage died. Linda Pascoe, an employee of Arkansas Bank and Trust, testified that on May 2, 1997, the check, endorsed "J.W. Gossage," was deposited into appellant's personal savings account at Arkansas Bank and Trust. Mrs. Shirley Fry testified that on May 12, 1997, she placed a check for $760.75 payable to the order of Rosewood Manor in the nursing home's night-deposit drop box. The check was payment for the care of Ms. Fry's sister who was a resident at the home. Upon notification that her account was delinquent, Ms. Fry notified the police that the check had been stolen. Further testimony revealed that the check had been deposited in appellant's personal savings account at Arkansas Bank and Trust on May 14, 1997. Appellant closed his personal savings account the end of May. On July 14, 1997, the corporation owning Rosewood Manor Nursing Home issued a check to its leasing company, CEO Financial, in the amount of $1,370 as reimbursement for leasing equipment. This check was placed in a box containing items to be mailed. Karen Whatley, an employee of Arkansas Bank and Trust, testified that on August 11, 1997, appellant opened a corporate savings account. On August 13, 1997, the check made payable to CEO Financial was deposited into appellant's corporate account. This account was also closed shortly after the deposit. Defense counsel's motion for a directed verdict was denied.

Our supreme court has stated that the test for determining the sufficiency of the evidence is whether there is substantial evidence to support the conviction. Arnett v. State, 342 Ark. 66, 27 S.W.3d 721 (2000) (citing Britt v. State, 334 Ark. 142, 974 S.W.2d 436 (1998)). Evidence is substantial if it is of sufficient force and character to compel reasonable minds to reach a conclusion and pass beyond suspicion and conjecture. Id. (citing McDole v. State, 339 Ark. 391, 6 S.W.3d 74 (1999)). On review, we need only consider evidence that is favorable to the State. Skiver v. State, 336 Ark. 86, 983 S.W.2d 931 (1999) (citing Lukach v. State, 310 Ark. 119, 835 S.W.2d 852 (1992)).

Appellant contends there was insufficient evidence to prove that appellant actually deposited the checks or withdrew the money in his accounts. The testimony and evidence at trial established that appellant opened the personal savings account and the corporate account at Arkansas Bank and Trust, and that appellant was the only person authorized to do business on both accounts. Furthermore, Ms. Linda Pascoe, an employee of Arkansas Bank and Trust, testified and provided evidence of appellant's bank statements demonstrating the specific deposit of the U.S. Treasury check and Ms. Fry's check into appellant's personal savings account. Ms. Pascoe also testified as to the numerous withdrawals of money from appellant's personal savings account. Ms. Pascoe further testified and provided evidence of the specific deposit of the check made payable to CEO Financial into appellant's corporate account.

Although there was no direct testimony that the checks were in appellant's possession, evidence may be either direct or circumstantial. Engram v. State, 341 Ark. 196,15 S.W.3d 678 (2000). Circumstantial evidence can provide the basis to support a conviction, but it must be consistent with the defendant's guilt and inconsistent with any other reasonable conclusion. Gillie v. State, 305 Ark. 296, 808 S.W.2d 320 (1991) (citing Trotter v. State, 290 Ark. 269, 719 S.W.2d 268 (1986)).

Appellant also contends that there was no evidence that appellant was not authorized to sign and deposit the U.S. Treasury check. Appellant relies on Askew v. State, 280 Ark. 304, 657 S.W.2d 540 (1983). In Askew, our supreme court held that the State failed to prove that the checks were unauthorized solely the basis that the checks were returned to the merchants stamped "unauthorized signature." The court determined that the State's failure to prove that the checks were unauthorized was an error in proving the most basic part of the case. Id. However, in the case at bar, the State entered into evidence the death certificate of Mr. Gossage, establishing that he died on April 22, 1997. The State also entered into evidence a photocopy of the U.S. Treasury check payable to James Gossage dated May 1, 1997. Clearly, Mr. Gossage could not endorse or authorize appellant to endorse a check which was not issued until after his death.

In this case, there was ample evidence before the jury to support appellant's conviction of theft of property and forgery. Employees of Arkansas Bank and Trust testified that appellant opened both a savings account and a corporate account at the bank and that he was the only person authorized to do business on both accounts. Furthermore, Linda Pascoe presented evidence of appellant's bank statements evidencing the specific deposit of each of the checks in question. The evidence also proved that appellant withdrew the moneyfrom the personal savings account before closing it. The evidence established that the U.S. Treasury check was issued and endorsed after Mr. Gossage's death and deposited into appellant's bank account. When considered in the light most favorable to the State, there was substantial evidence to support appellant's conviction.

Affirmed.

Griffen and Crabtree, JJ., agree.