December 9, 2015.
J. Drake, Esq., Drake Law, LLC, Auburn, for appellant Crystal
T. Mills, Attorney General, and Darcy Mitchell, Asst. Atty.
Gen., Office of the Attorney General, Augusta, for appellee
State of Maine.
argument: Jamesa J. Drake, Esq., for appellant Crystal
Mitchell, Asst. Atty. Gen., for appellee State of Maine.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, and JABAR, JJ.
[¶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
lived with her fifty percent or more of the time. We affirm
[¶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
[¶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 ...