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State v. Hodsdon

Supreme Judicial Court of Maine

March 31, 2016

STATE OF MAINE
v.
CRYSTAL HODSDON

         Argued December 9, 2015.

         On the briefs:

          Jamesa J. Drake, Esq., Drake Law, LLC, Auburn, for appellant Crystal Hodsdon.

         Janet T. Mills, Attorney General, and Darcy Mitchell, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State of Maine.

         At oral argument: Jamesa J. Drake, Esq., for appellant Crystal Hodsdon.

         Darcy Mitchell, Asst. Atty. Gen., for appellee State of Maine.

         Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, and JABAR, JJ.

          OPINION

          JABAR, J.

          [¶1] Crystal Hodsdon appeals from a judgment of conviction of one count of theft by deception (Class B), 17-A M.R.S. § 354(1)(B)(1) (2015), in the Superior Court (Kennebec County, Billings, J. ) after a bench trial. Hodsdon was charged with improperly accepting more than $109,003 in benefits from MaineCare by misrepresenting that her two minor children

Page 817

lived with her fifty percent or more of the time. We affirm her conviction.

         I. BACKGROUND

          [¶2] The following facts are taken from the trial record, and we review them " in the light most favorable to the State to determine whether the fact-finder could rationally find every element of the offense beyond a reasonable doubt." State v. Woodard, 2013 ME 36, ¶ 19, 68 A.3d 1250 (quotation marks omitted). From May 2009 until April 2013, Hodsdon misrepresented the composition of her household to obtain MaineCare benefits. During that period, she was employed as an eligibility specialist with the Department of Health and Human Services (DHHS).

          [¶3] A divorce judgment entered in 2008 provided the following schedule of residence for her two minor children: the children would reside with their father from Sunday evening until Friday evening, and with Hodsdon from Friday evening until Sunday evening. The former spouses split time with the children on holidays and school vacations, and Hodsdon was granted primary residence during one uninterrupted two-week period each summer vacation. Hodsdon and her ex-husband generally ...


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