Streeter v. State

There was no evidence that the financial transaction card the defendant used to pay for a car wash, as depicted on a video recording that was played for the jury, was the same card the indictment alleged the defendant took from the victim.

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Sandra Streeter was convicted by a jury of burglary, two counts of financial transaction card fraud, three counts of financial transaction card theft, and one count of attempt to commit financial transaction card fraud.1 She appeals following the denial of her motion for new trial, arguing that her trial counsel was ineffective and that the evidence was insufficient to convict her of burglary and the financial transaction card fraud count which alleged that she used a BBT Visa credit card “BBT card” at an AutoBuffs Express Car Wash “AutoBuffs”. As more fully set forth below, we now affirm in part and reverse in part.

Construed to support the jury’s verdict,2 the evidence presented at trial shows that on July 14, 2011, Primrose Schools Franchising Company “Primrose” was conducting a curriculum training program for its employees and franchise owners collectively referred to as “Primrose employees” at its corporate development headquarters located on Cedercrest Road in Acworth, Georgia. The training seminar had been in session for several days, and all the Primrose employees who worked in the building as well as numerous Primrose employees who worked at other locations were participating in the seminar. The Primrose corporate building contained both training rooms and employee offices, and the doors to the building were normally kept locked. Typically, Primrose employees who worked inside the building used a key code to open the doors to the building, and visitors were “buzzed” into the building by someone disengaging the locks from the inside. However, due to the large number of Primrose employees who were attending the seminar from other locations, the locks on the main doors had been disengaged on the day in question.

Streeter v. State

There was no evidence that the financial transaction card the defendant used to pay for a car wash, as depicted on a video recording that was played for the jury, was the same card the indictment alleged the defendant took from the victim.

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