Amaechi v. State

Evidence that the first victim was in constructive possession of his credit card was sufficient to establish the allegation set forth in the accusation, which specifically charged that the defendant committed financial transaction card theft by obtaining credit card from first victim's possession.

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Following a jury trial, Collins Chinonye Amaechi was convicted of two counts of financial transaction card theft1 and obstruction of a law enforcement officer.2 On appeal from the denial of his motion for new trial, Amaechi challenges the sufficiency of the evidence as to the first count of financial transaction card theft, the trial court’s denial of his motion for a directed verdict, and the trial court’s failure to give his requested jury charge on mere presence. We discern no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict and determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of the crime charged. See Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; Middlebrooks v. State , 277 Ga. App. 551 627 SE2d 154 2006.

So viewed, the trial evidence showed that on March 15, 2007, a customer service representative of Discover Card, a credit card company, received a call from an individual requesting the issuance of a new credit card on the account of Daniel E. Runyan, a cardholder. Although Runyan was a resident of Wisconsin, the individual requested that the credit card be sent to an address in Gwinnett County, Georgia. The individual pretended to be Runyan, had access to Runyan’s personal information, and provided accurate responses to the security questions posed in accordance with Discover Card’s security procedures. Subsequent contact with Runyan, however, revealed that Runyan had not requested or authorized the issuance of the new credit card on his account.

Amaechi v. State

Evidence that the first victim was in constructive possession of his credit card was sufficient to establish the allegation set forth in the accusation, which specifically charged that the defendant committed financial transaction card theft by obtaining credit card from first victim's possession.

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