State v. Gagne

The defendant, Karen Gagne, appeals her convictions following a jury trial in Superior Court (Smukler, J.) of nine counts of theft by unauthorized taking, see RSA 637:3 (2007), and two counts of theft by misapplication of property, see RSA 637:10 (2007). She argues that the trial court erred in denying her motion to dismiss for insufficient evidence. We affirm her convictions on nine counts, reverse her convictions on two counts, and remand.

The jury could have found the following facts. The defendant met the victim in the 1980s when the defendant performed landscaping services at the victim’s…