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Spencer v. State

The evidence supported the defendant's conviction for deposit account fraud.

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Defendant Dwight Spencer was convicted of deposit account fraud pursuant to OCGA § 16-9-20. He appeals, pro se, and asserts, inter alia, that OCGA § 16-9-20 is unconstitutional because it does not contain an enacting clause on its face. Finding no error, we affirm. 1. Viewing the evidence in a light favorable to the verdict, as we are bound to do, we find the following: In November 2007, defendant hired Wallace, an electrical contractor, to install wiring in defendant’s home. After completing the work, Wallace presented defendant with a bill for $3,394.73. Defendant wrote a check to Wallace for the full amount. Wallace presented the check to defendant’s bank several times within 30 days, but it was not honored due to insufficient funds. The evidence is sufficient to enable any rational trier of fact to find defendant guilty beyond a reasonable doubt of deposit account fraud. Holder v. State , 242 Ga. App. 479 529 SE2d 907 2000; Watson v.

State , 235 Ga. App. 381 509 SE2d 87 1998. Whether defendant knew his check would not be honored was a question for the jury, not this Court. See Russell v. State , 155 Ga. App. 555 271 SE2d 689 1980.

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