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Zachery v. State

Evidence that the defendant and his co-indictee were the only persons who made purchases on the credit cards issued in the pool company's name, and that the pool company owners neither knew nor authorized the defendant and his co-indictee to open the accounts, supported the defendant's conviction for identity fraud.

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Quinton Zachery and Leroy McMath were jointly indicted for financial identity fraud. Prior to trial, McMath pled guilty. At trial, McMath testified and implicated Zachery in the commission of the crime. A jury found Zachery guilty. On appeal, Zachery argues that the evidence was insufficient to support his conviction. We disagree, and affirm. 1. Zachery contends the evidence was insufficient to support his conviction because the state failed to prove that he was the person who applied for a credit card in the victims’ names; therefore, he argues, the state failed to prove that he used the victims’ identifying information to access their resources.

When reviewing a challenge to the sufficiency of the evidence used to support a conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.1 We do not weigh the evidence or determine witness credibility, but only determine if the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.2 “Circumstantial evidence need not exclude every other hypothesis save that of the accused’s guilt but only reasonable inferences and hypotheses, and it was for the jury to determine whether all reasonable hypotheses had been excluded.”3

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