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Brownv.State

CourtCourt of Appeals of Georgia
Docket No.A23A0704
DecidedJuly 13, 2023
Reporter368 Ga. App. 747, 890 S.E.2d 778 (2023)
JudgesBROWN, Judge. McFadden, P. J., and Markle, J., concur.
Tags
CriminalIdentity FraudForgery-Type Financial CrimeBusiness Entity as VictimSufficiency of the EvidenceCorporate Identifying InformationCheck Fraud
Case Summary

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.

Opinion

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