Summers v. State

Defendant's prior convictions for 33 counts of financial identity fraud did not bar his prosecution for two additional counts, even though all the crimes arguably arose from the same course of conduct.

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Kevin Summers stands accused in the Superior Court of Cherokee County of two counts of financial identity fraud, OCGA § 16-9-121. Summers appeals the denial of his plea in bar and Motion in Autrefois Convict, contending the prosecution is barred under OCGA § § 16-1-7 b and 16-1-8 b by his earlier conviction in Cobb County of 33 counts of financial identity fraud. Finding no error, we affirm. Where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, we review de novo the trial court’s application of the law to undisputed facts. Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994.

The record shows the following undisputed facts. Summers, while working for a mortgage company at an office in Cobb County, obtained financial “identifying information”1 from mortgage applications. Summers passed the information to Shannon Nesmith, who used the information to fraudulently establish and use credit card accounts. After a joint investigation by Cherokee County and Cobb County officers, a Cherokee County grand jury indicted Summers, charging him with financial identity fraud relating to two Cherokee County residents. The indictment alleged that Summers obtained identifying information, which would assist in accessing the financial resources of each victim, between the dates of December 10, 2001, and July 31, 2002, for one victim and between March 14, 2002 and July 31, 2002 for the other victim. Meanwhile, the Cobb County district attorney filed an accusation charging Summers with 33 counts of financial identity fraud. Each count pertained to a separate victim, each a resident of Cobb County, with target dates of December 10, 2001 to July 31, 2002 for all counts. Summers entered a negotiated plea to all 33 counts.

Summers v. State

Defendant's prior convictions for 33 counts of financial identity fraud did not bar his prosecution for two additional counts, even though all the crimes arguably arose from the same course of conduct.

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