Martinez v. State

The fraudulent possession and use of identifying information of corporations did not fall within the ambit of Georgia's identity fraud statute in August of 2007, when the defendant attempted to cash a forged and fraudulent payroll check.

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Following a jury trial, Rodolfo Lara Martinez was convicted of five counts of forgery in the first degree and two counts of identity fraud. Martinez’s conviction on one of the two counts of identity fraud was later reversed by the trial court in its order on a motion for new trial. On appeal, Martinez contends that, as to the forgery counts, the indictment fatally varied from the proof at trial. He also claims that the evidence was insufficient to support his remaining conviction for identity fraud, and that the trial court expressed an improper opinion as to what had been proven at the trial. We agree with Martinez that in August 2007, the fraudulent possession and use of the identifying information of corporations did not fall within the ambit of Georgia’s identity-fraud statute, and so we reverse his conviction on that count. Martinez’s other claims, however, are without merit, and so we affirm his convictions for forgery in the first degree.

Viewed in a light most favorable to the jury’s verdict,1 the evidence shows that on August 14, 2007, Martinez attempted to cash a check at Tower Package Store. The check, dated August 10, 2007, purported to be a payroll check issued by Labor Staffing, Inc., and payable to Martinez in the amount of $139.36. The cashier followed the store’s usual practice by attempting to access Martinez’s information on her computer, but instead she received instructions to immediately contact store security. The security officer determined that, according to the computer-generated information, the check was fraudulent, and so he detained Martinez and notified the DeKalb County Police.

Martinez v. State

The fraudulent possession and use of identifying information of corporations did not fall within the ambit of Georgia's identity fraud statute in August of 2007, when the defendant attempted to cash a forged and fraudulent payroll check.

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