Forrester v. State

Karen Allison Forrester appeals after a jury convicted her of three counts of forgery in the first degree and one count of theft by deception. Because we find the evidence insufficient to support Forrester’s convictions on the three forgery counts, we reverse as to those charges, but we affirm her conviction on the charge of theft by deception. In weighing the sufficiency of the evidence, this Court construes the evidence at trial, and all reasonable inferences from it, most strongly in favor of the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. Brown v. State, 293 Ga. App. 633 667 SE2d 899 2008. We do not weigh the evidence or decide the witnesses’ credibility, but only determine if the evidence is sufficient to sustain the convictions. Id.

So viewed, the evidence shows that on or about May 28, 2009, Forrester responded to a sign posted by Rene Rosas and his wife, Myrna Valdez, advertising the rental of a house located at 6201 Caprice Drive in Flowery Branch the “Rental House”. Valdez showed the Rental House to Forrester that day, and they discussed the leasing terms. The next day Forrester returned to meet with Rosas and Valdez. The parties signed a lease contract prepared by Valdez, which reflected a monthly rent of $850, with a $850 deposit, and Forrester gave Rosas and Valdez three money orders in the amount of $920 each to cover the security deposit, the first month’s rent and pre-payment of future rent. A few days later, Forrester called Valdez to say that she had some extra money and wanted to advance an additional amount for rent. She had a $2,000 check and she wanted to pay Valdez $1,000 of that amount. Valdez and Rosas went with Forrester to the bank, which declined to cash it. Later, Forrester asked Valdez and Rosas to return $560 of the money she had advanced through the money orders, and they wrote her a check for that amount. The money orders were subsequently dishonored as “counterfeit,” however, and when Forrester later called to request the return of an additional $500, Valdez and Rosas called the police.