Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 348, 139 Honorable
Katherine C. Dorroh, Judge
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel
RACQUEL MALMAY Pro Se
E. STEWART, SR. District Attorney Counsel for Appellee
MALLORY RICHARD SUZANNE M. WILLIAMS Assistant District
PITMAN, STONE, and STEPHENS, JJ.
court convicted Defendant Racquel Malmay of felony theft and
sentenced her to five years at hard labor, suspended, with
three years of supervised probation. She was also ordered to
pay $9, 283.26 in restitution, court costs and $50 to the
Indigent Defender's Office, or to serve default time of
30 days in jail. Defendant appealed, but her appellate
counsel filed a motion to withdraw and a brief, in accordance
with Anders v. California, 386 U.S. 738, 87 S.Ct.
1396, 18 L.Ed.2d 493 (1967). For the following reasons, we
grant the motion to withdraw and affirm Defendant's
conviction. We vacate Defendant's sentence and remand to
the trial court for resentencing.
15, 2017, the state filed a bill of information charging
Defendant with felony theft in violation of La. R.S. 14:67.
On September 28, 2018, it filed an amended bill of
information, alleging that on or about August through
December 2016, Defendant committed a theft of monies of a
value between $5, 000 and $25, 000, belonging to Eric Odom.
trial was conducted on September 28 and October 5, 2018. Eric
Odom testified that he is the president of Trio Fabricators,
Inc., a construction company. In the summer of 2016, he hired
Defendant as a bookkeeper and to "help streamline the
flow of the company, " which included reviewing invoices
and approving new vendors and payees. He stated that
Defendant had access to the company's financial
information and funds. Noting that Defendant's employment
agreement was verbal and not in writing, he could not
remember the exact amount Defendant was to be paid, but that
$4, 000 per month "sounds about right." He paid
Defendant by checks, which were written by Defendant and
signed by him. He noted that there was no set time of the
month that she was paid; rather, she was paid when funds were
further testified that in December 2016, he noticed that the
company had made payments from its operating account to an
unknown credit card account. He asked Defendant about these
payments, and she responded that the account was for a
company she owned. He then terminated her employment and her
access to the company's bank accounts. He noted that he
never authorized Defendant to transfer money to her credit
card account. He was able to cancel two $800 transfers. On
the advice of his accountant, he hired Sarah Warren, who
worked at his accountant's firm, to review the
company's books. Based on Warren's findings, he
contacted law enforcement.
testified that she noticed a pattern of inconsistent and
fluctuating payments made to Defendant. With respect to
payroll checks, Defendant was paid $30, 200 from June 21 to
December 1, 2016. The total amount paid to her credit card
account was $10, 883.26.
Jeremy Jordan of the Shreveport Police Department testified
that he works within the Financial Crimes Task Force and
investigated this case. He stated that from June 21 to
December 1, 2016, Defendant received $30, 200 in payroll and
reimbursement checks. He found that this exceeded the amount
Odom agreed to pay Defendant, i.e., $4, 000 per month, by $2,
200. He testified that from September to December 2016, $9,
975 was transferred from the company's ...