Brownv.State
Rickie Lee Brown presented a $1,922.47 check payable to himself and drawn on Coleman Lumber Co., Inc., at a bank. The teller confirmed with co-owner Larry Coleman that the check had not been issued to Brown; Brown left and police apprehended him, and investigators later found two additional Coleman Lumber checks in his vehicle. A jury convicted Brown of identity fraud, but under the rule of lenity the trial court sentenced him for the lesser offense of third-degree forgery. On appeal, Brown argued that the State failed to prove Coleman Lumber was a statutory “person” whose identifying information could support identity-fraud liability. The Court of Appeals held the evidence sufficient: the company’s name on the check imported corporate status, Coleman testified he co-owned the business and had not authorized the use, and Brown offered no affirmative evidence that the corporation did not exist. The court affirmed.
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