After a bench trial, Lori Campbell was convicted of theft by deception based upon a promise to provide brokerage services. Campbell appeals, challenging among other things the sufficiency of the evidence against her. We agree that the evidence at trial did not show a prima facie case of theft by deception. Accordingly, we reverse. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.”1 Viewed in this light, the evidence showed that in late July and early August 2002, in response to a newspaper advertisement, Valerie Price discussed the lease and eventual purchase of a house with a woman who represented herself as Corenthia Davis. Davis indicated that she was a real estate agent handling the sale of the house on behalf of the property’s owner, Laura Campbell. Price and Davis met three times. On July 31, 2002, Davis showed Price the house, and Price gave Davis $40 in cash to run a credit check so that she could pursue the lease/purchase. Price then obtained a money order for $300 payable to Laura Campbell for a good faith deposit, which she gave to Davis on August 1, 2002.
On Friday, August 2, 2002, Davis called Price to let her know that her credit had been approved. Later that day, the two women met again, and Price gave Davis $675 in cash as the balance of a month’s rent on the lease/purchase. At this meeting, Davis signed the name “Laura Campbell” to a document reflecting that Price had paid a $975 deposit and that the monthly rental for the house would be $975. Price understood that the house’s owner would make some small repairs to the house and that Price and Davis would meet the following Monday to sign a lease agreement and transfer the keys to the house. Davis told Price to call her on Monday at the same number listed in the newspaper advertisement if she “hadn’t heard from anyone.”
