McGuinness v. State

ALTENBERND, Judge.

Dana McGuinness appeals the trial court’s order withholding adjudication after a jury found her guilty of theft, a felony of the third degree.1 The trial court sentenced Ms. McGuinness to two years’ probation and ordered her to pay $1000 in restitution to the victim. Because the State failed to prove that Ms. McGuinness possessed the intent to commit theft when she accepted payment from the alleged victim to perform a services contract, we reverse and remand for discharge.

Ms. McGuinness has experience obtaining loan modifications. In October 2010, she was employed at an…