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Rogers v. State

The defendant used his computerized key to access ATM machines after regular business hours, when someone took large amounts of money from them.

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A jury found William Anthony Rogers guilty of two counts of theft by taking. On appeal, Rogers challenges the sufficiency of the evidence. He also contends that the trial court erred in admitting similar transaction evidence and that he received ineffective assistance of trial counsel. For reasons that follow, we find that Rogers’ enumerations of error lack merit, and we affirm. 1. On appeal from his criminal convictions, Rogers no longer enjoys a presumption of innocence, and we view the evidence in a light most favorable to support the jury’s verdict.1 In so doing, we neither weigh the evidence nor determine witness credibility, but merely determine whether the evidence was sufficient.2 “As long as there is some evidence, even though contradicted, to support each necessary element of the State’s case, this Court will uphold the jury’s verdict.”3

Viewed in this manner, the evidence shows that Rogers was employed by Bantec West, a company that serviced ATM machines. In order to service an ATM, an employee would retrieve tamper-proof bags of money from company headquarters. At the ATM, he would use a “Mas Hamilton” key, which contained a computer chip, and a PIN number to access the machine. The employee would then remove the money that was in the machine and place that money in another tamper-proof bag before re-stocking the ATM with the money from the new bag. The money removed from the ATM would be returned to company headquarters for verification.

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