2017 Ohio 624
Ohio Ct. App.2017Background
- Appellant Devon DeGenero appeals a conviction for identity theft and three counts of forgery in Portage County.
- Grandmother Lucy Aliff died March 1, 2013, after which an application for a credit card was submitted in her name.
- DeGenero was named an authorized user on the new account the same day the application was filed.
- In June 2014, DeGenero attempted to use the card at a Dollar General to obtain prepaid credit; transaction was denied for policy reasons, but a prepaid phone was ultimately purchased with the card.
- Police later learned the bank canceled the card as Lucy Aliff was deceased when the card was approved.
- DeGenero was indicted in October 2014 and tried in January 2016; surveillance tapes and bank/police testimony supported the charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of identity theft evidence | DeGenero asserts no direct proof he submitted the application. | DeGenero argues lack of direct evidence defeats identity theft. | Circumstantial evidence supports guilt; rational inference that DeGenero submitted the application. |
| Sufficiency of forgery evidence | Authorized-user status negates intent to defraud, undermining forgery. | Appellant claims lack of purpose to utter forged writings given authorized-user status. | Evidence shows purpose to defraud; conviction for forgery affirmed. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency review standard; rational juror could find guilt beyond reasonable doubt)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (directed evidentiary standard for circumstantial cases; general syllabus)
- State v. Diar, 120 Ohio St.3d 460 (2008) (circumstantial evidence sufficiency framework)
- State v. Bentz, 2 Ohio App.3d 352 (1981) (circumstantial evidence sufficiency; reason and common sense)