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Brown v. State

The cards found in apartment where defendant was when officers executed a no-knock search warrant were introduced at trial and easily identifiable as financial transaction cards as defined by O.C.G.A. § 16-9-30 5.

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Angela Brown was convicted of nine counts of financial transaction card theft, one count of identity fraud and twelve counts of forgery in the second degree. She appeals following the denial of her motion for new trial. 1. Brown first challenges the sufficiency of the evidence as to her conviction for financial transaction card theft, arguing that the State failed to prove beyond a reasonable doubt that she was in possession of the cards at the time they were discovered during a search pursuant to a warrant, and that the State failed to prove that the cards came within the definition of a financial transaction card set forth in OCGA § 16-9-30.

a Pursuant to OCGA § 16-9-31 a 1, “a person commits the offense of financial transaction card theft when: 1 he takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder’s consent . . . .”

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