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Powell v. State

Defendant's knowing use of a stranger's information to secure the credit rating necessary for her to purchase a car, supported her conviction for identity fraud.

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A jury found Denise Nicole Powell guilty of identity fraud.1 She appeals, arguing that the trial court erred in failing to direct a verdict of acquittal. Finding no error, we affirm. In reviewing the denial of a motion for direct verdict, we employ the same standard used in assessing the sufficiency of the evidence. We do not weigh the evidence or resolve issues of witness credibility. Stack-Thorpe v. State , 270 Ga. App. 796, 802 5 608 SE2d 289 2004. We merely determine whether the evidence, construed favorably to the jury’s verdict, was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt. Id.

So viewed, the evidence shows that in April 2006, Powell sought to purchase a car from Premier Dodge, an automobile dealership. The salesperson, Joshua Gathers, testified that Powell negotiated a deal to buy the vehicle, but lacked adequate credit to support the financing. Powell suggested several people who might co-sign her loan, but none had sufficient credit. Eventually, she proposed that her grandfather co-sign the loan documents.

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