Westbrooks v. State

The trial court properly admitted evidence that the defendant previously pled guilty to forging checks drawn on the victim's account to show her bent of mind to financially victimize him.

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A jury found Karen Westbrooks guilty of two counts of forgery, one count of theft by deception, and two counts of theft by taking.1 On appeal, Westbrooks argues that the evidence was insufficient to support her conviction for theft by deception and theft by taking. She also alleges that the court erred by admitting evidence of her prior difficulties with one of the victims. For the reasons that follow, we affirm. 1. In reviewing Westbrooks’ challenge to the sufficiency of the evidence, we view the evidence in the light most favorable to the verdict.2 We neither weigh the evidence nor determine witness credibility, but simply ensure that the evidence was sufficient to find Westbrooks guilty beyond a reasonable doubt.3 “Conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve.”4 As long as there is some competent evidence, even though contradicted, to support each element of the State’s case, we will uphold the jury’s verdict.5

a Theft by Deception. The record reveals that on October 19, 1998, Lottie Lyles opened an account at First Commerce Bank by depositing a $1,000 check drawn on a closed account that belonged to Karen L. Westbrooks. At that time, Lyles took out $500 in cash from the account. On October 21, Lyles deposited $750 into the account, and then on October 23, she put another $450 into her account and withdrew $100 in cash. After the bank discovered that the checks Lyle deposited were worthless and Lyle made additional withdrawals, Lyle’s account balance became negative. According to a bank representative, the bank lost $1,836 as a result of Lyle’s scheme.

Westbrooks v. State

The trial court properly admitted evidence that the defendant previously pled guilty to forging checks drawn on the victim's account to show her bent of mind to financially victimize him.

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