Smith v. State
322 Ga. App. 433
Ga. Ct. App.2013Background
- In Feb 2010 Smith (driving), Dwayne Murry, and Michael Flake attempted to buy nearly $500 in merchandise at a Best Buy using a forged check and a fake Alabama ID bearing the name “Ernest Lawson.”
- The trio fled; officers stopped the vehicle in the parking lot and arrested all three. Smith had a Georgia driver’s license in the name “Jack Spade”; fingerprints linked to William Carmichael Smith. Smith later produced an Alabama name-change order to Jack Spade.
- An inventory search of the Explorer (which Smith was driving) produced loose checks (14–15) printed in the name Ernest Lawson/Ernest Construction, multiple bank account numbers, and gift cards including one in the name William Smith.
- Two victims identified their checking-account numbers on checks recovered from the vehicle; one similar forged check had been used at another Best Buy to buy an iPod. Murry purchased the forged checkbook and fake ID on Craigslist; he pled guilty.
- The State introduced similar-transaction evidence: Smith’s prior convictions (South Carolina and federal) for passing counterfeit checks and possession of numerous fake IDs and counterfeit checks.
- Procedural posture: Jury convicted Smith of two identity fraud counts, six forgery counts (four direct, two lesser-included), and one count of giving a false name. Trial court denied new trial; appeal affirmed in part and reversed one count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency — Identity fraud (Counts 3–4) | Smith lacked proof of intent/possession to use victims’ account numbers | State: checks with victims’ account numbers were in vehicle Smith drove; he aided the scheme | Affirmed — evidence sufficient to convict as principal or party to the crime |
| Sufficiency — Second-degree forgery (Counts 5–8) | Smith did not possess or intend to use the fictitious writings | State: forged checks in fictitious name found under driver’s seat of vehicle Smith drove; flight and attempt to pass similar check show intent | Affirmed — possession plus circumstances supported intent to defraud |
| Sufficiency — Giving a false name (Count 9) | Smith knowingly gave false name to officer (Jack Spade) | Smith: record showed multiple names; no evidence he actually supplied any particular name at the stop or which name was false | Reversed — no evidence the name given at the stop was false or which name was true |
| Trial court recharging lesser included offense sua sponte | Charging second-degree forgery surprised defense; prejudiced Smith | State: jury asked about reducing first-degree to second-degree; evidence supported lesser offense and indictment gave notice | Affirmed — court did not abuse discretion in recharging and providing lesser-included option |
Key Cases Cited
- Manhertz v. State, 317 Ga. App. 856 (identifying proper venue and party liability in identity-fraud cases)
- Lee v. State, 283 Ga. App. 826 (sufficiency of evidence for identity-fraud conviction based on fraudulent checks)
- Velasquez v. State, 276 Ga. App. 527 (second-degree forgery requires possession of writing in fictitious name; presentment not required)
- Browning v. State, 174 Ga. App. 759 (flight and attempted passing of a forged check support intent for forgery)
- Loden v. State, 199 Ga. App. 683 (possession and use of fraudulent identification supports forgery convictions)
- Griffin v. State, 291 Ga. App. 618 (proof required to sustain conviction for giving a false name)
- Preston v. State, 257 Ga. 42 (proof of defendant’s true name required to show a given name was false)
- Brownlow v. State, 248 Ga. App. 366 (indictment and evidence must support lesser-included instructions)
- Boynton v. State, 277 Ga. 130 (trial court discretion in recharging jury at their request)
- Cochran v. State, 276 Ga. App. 840 (no error to give sua sponte instruction when any evidence supports it)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)