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Simmons v. State

The precise method of transfer is not an element of the crime of theft by taking.

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Mona Simmons “a.k.a. Tyra Rodgers a.k.a Tyron Rogers” was convicted of numerous offenses for her roles in defrauding a mortgage company, Cendant Mortgage, in connection with the sales of two houses, 890 Westmont Road and 1443 Beecher Street in Atlanta. Relative to the Westmont Road property, she was convicted of theft by taking money from Cendant, first degree forgery in connection with a loan application, and first degree forgery in connection with a signature/name affidavit. Relative to the Beecher Street property, she was convicted of theft by taking money from Cendant, identity fraud for unauthorized use of a social security number of another, first degree forgery in connection with a HUD-1 statement, and first degree forgery in connection with a signature/name affidavit. On appeal, Simmons contends that the evidence was insufficient to support one of her theft by taking convictions and that the trial court erroneously ruled on a motion in limine and on her claim of ineffective assistance of counsel. For reasons that follow, we affirm.

Westmont Road Property . On November 13, 2003, the house at 890 Westmont Road, Atlanta was sold. At the closing, Jian Holley appeared as the seller; a woman appeared as the buyer, signing a signature/name affidavit certifying her name was “Tyron Rogers.” The house was being financed by Cendant. The underlying loan application, which contained information provided to the mortgage company by the applicant, showed the borrower’s name as “Tyron Rogers”; the borrower’s present residential address as “3461 Walnut Ridge, Atlanta GA 30349″; and the borrower’s former residential address as “11050 Cedar Hills Blvd, Minnetonka MN 55305.” The buyer initialed each page of the loan application.

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