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Mohamed v. State

O. C.G.A. § 16-9-31 d creates an impermissible mandatory presumption that a defendant has obtained financial transaction cards in violation of subsection a if the defendant has in his possession two or more cards issued to someone other than an immediate family member without the cardholder's consent.

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Abdirisak D. Mohamed appeals his conviction for financial transaction card theft, asserting that OCGA § 16-9-31 d is unconstitutional. For the reasons that follow, we reverse his conviction. Construed to support the verdict, the evidence showed that Treisha Johnson’s car was stolen while she stepped away from it to make a bank deposit. Her purse was in the car and contained two credit cards for gasoline companies.

Approximately a week later, a customer entered a restaurant and stated that some men were outside gathered around a car, and that there was a pistol in it; the car matched the description of Johnson’s. The police were called, arrived, and attempted to speak with those in the car, but it was driven away when its occupants saw the police; police attempts to follow were unsuccessful. The police instructed the restaurant employees to call them if the men returned.

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