Champion v. State
| Docket Number | A23A0887 |
| Decision Date | 31 October 2023 |
| Parties | CHAMPION v. THE STATE. |
| Court | Georgia Court of Appeals |
A jury found Eddie Champion guilty of three counts of identify fraud, two counts of forgery in the third degree, and one count each of possession of less than one ounce of marijuana making a false statement, speeding, driving with a suspended license, and possession of a firearm by a convicted felon.[1] On appeal, he argues that: (1) insufficient evidence supported his convictions for identity fraud, forgery, and possession of marijuana; (2) the jury's verdict was contrary to the principles of justice and equity under OCGA §§ 5-5-20 and 5-5-21; (3) the trial court abused its discretion in admitting other acts evidence; (4) trial counsel provided ineffective assistance and (5) the cumulative effect of the errors at trial violated his right to a fair trial. For the reasons set forth below, we affirm.
"On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence."[2] So viewed, the record shows that, in April 2016, Deputy Kris Herrick with the Crisp County sheriff's office observed Champion driving 85 miles per hour when the posted speed limit was 70 miles per hour. Herrick initiated a traffic stop, and Champion pulled over onto the shoulder. Herrick made contact on the passenger side of the vehicle. He observed five occupants: Champion in the driver's seat, a man later identified as Joseph Walker in the front passenger seat, two women later identified as Jessica Patten and Kevanique Bennett in the rear seats, and a juvenile in the rear-middle seat. Patten claimed that she was Champion's wife.
As soon as the passenger's side window was down, Herrick smelled the odor of raw marijuana emanating from the vehicle. Herrick asked Champion for his driver's license, and Champion patted down his pockets and responded that he did not have it on his person. Champion told Herrick that the driver's license was located somewhere in the vehicle. When Champion searched the sunglasses holder above his head, a debit card fell out. Herrick then asked Champion to step out of the vehicle and step to the rear.
When Herrick asked Champion for his name, Champion replied that it was Vincent Crenshaw. Herrick asked Champion to write his name and birthday on a notepad, and Champion wrote Crenshaw's name down. Herrick ran the name and birthday through his computer and did not get any matches. When Herrick asked Champion for his social security number, Champion refused, claiming that he was previously a victim of identity fraud and did not want to give out the number. Herrick re-ran Crenshaw's name with a different birthday, and received a result, along with Crenshaw's social security number. When Herrick asked Champion to provide the social security number to see if it matched, Champion again refused. Herrick observed that Crenshaw's picture did not match Champion's appearance.
Herrick decided to search the vehicle due to the odor of marijuana. Herrick started with the center console because Champion avoided that area when he was searching for his driver's license. There, Herrick discovered a glass jar containing suspected marijuana and a grinder. Herrick found signed blank business checks for InstaLoan and USAA in the passenger glove box. Herrick also discovered in the glove box a check from Gallagher Bassett Services made out to Dominique Sutton and a rental agreement indicating that Patten had rented the car. Herrick located the debit card that fell from the sunglasses holder in the front seat area. The debit card belonged to Sutton.
In the passenger floorboard, Herrick located a handgun with a bullet in the chamber. He also found a receipt for the handgun made out to Champion and two packing slips made out to Champion for handgun accessories. Finally, Herrick discovered two receipts for money orders from Walmart as well as the actual money orders.
When Herrick started to arrest the other occupants of the vehicle, Champion claimed that the marijuana was his. Herrick arrested Champion, and Champion maintained Crenshaw's identity throughout the booking process. The police discovered Champion's true identity after they fingerprinted him. During a custodial interview, Champion claimed ownership of everything in the vehicle, including ownership of the handgun and marijuana. However, when the interviewer asked about the checks, Champion denied ownership. Champion denied that the other occupants of the vehicle were involved in any criminal activity.
An investigator testified that she received the bank records for Sutton's debit card - the debit card that fell out of the sunglasses holder. Two days before Champion's arrest, there was an ATM check deposit for $3,919.52. One day before the arrest, there was an ATM check deposit for $4,689.52. The bank statement also showed purchases from Walmart for $2,497.10 and $2,001.40. These matched the Walmart receipts found in the vehicle. The money orders were purchased from the Walmart only about an hour and 20 minutes before the traffic stop. Both of the checks were later returned as "altered or fictitious," resulting in Sutton's account becoming overdrawn. Sutton - a servicewoman stationed in Kuwait - did not agree to have her account overdrawn in this way or have the Gallagher Bassett Services check printed in her name. According to business records from Gallagher, the Gallagher check was originally made out to a different individual in a different amount.
With respect to the blank checks found in the vehicle, investigators discovered five blank USAA checks and two sheets of InstaLoan checks. InstaLoan had recently experienced a theft of some of its blank checks. The USAA checks were counterfeit and fictitious. The scheme involved depositing the checks, immediately removing the money, and then purchasing money orders in order to spend the money without a trace.
Following a limiting instruction, the State also introduced other acts evidence in order to prove knowledge and intent. An investigator described a scheme where original checks were stolen from mailboxes and then remade or duplicated using blank checks purchased at office supply companies. The investigator testified that, in July 2014, an individual named Anthony Bankston gave his bank card to other persons in order to defraud USAA. Counterfeit checks were deposited into Bankston's account, and money was withdrawn from the account before the bank marked the checks as invalid. The investigator suspected Champion and Patten as perpetrators of the scheme. The investigator was able to obtain surveillance photos of an attempted ATM withdrawal from Bankston's account. The investigator also linked the car used to drive to the ATM to Patten and Champion. The Clayton County district attorney's office ultimately decided not to prosecute Champion and Patten for that offense.
As noted above, the jury found Champion guilty of three counts of identify fraud, two counts of forgery in the third degree, and one count each of possession of less than one ounce of marijuana, making a false statement, speeding, driving with a suspending license, and possession of a firearm by a convicted felon. The trial court denied Champion's motion for new trial after a hearing. On Champion's first direct appeal, we remanded for completion of the record.[3] The trial court entered an order finding that the record, as supplemented, was complete, and again denied Champion's motion for new trial. This appeal followed.
When a defendant challenges the sufficiency of the evidence to support his criminal convictions, we ask only whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. So long as there is some competent evidence, even though contradicted, to support each element of the State's case, the jury's verdict will be upheld.[4]
Under OCGA § 16-9-121 (a) (1), "[a] person commits the offense of identity fraud when he or she willfully and fraudulently [w]ithout authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person[.]"[5] The indictment charged that Champion possessed with intent to fraudulently use Sutton's financial transaction card number, USAA's corporate financial account number, and Gallagher Bassett Services's financial account number.
Champion argues that the State failed to prove that he ever used the debit card or checks in a fraudulent manner. However, under OCGA § 16-9-121 (a) (1), the State was only required to prove that he "possesse[d] with intent to fraudulently use" the identifying information. The State presented evidence at trial explaining how the scheme involved depositing the fraudulent checks, immediately removing the money, and then purchasing money orders in order to spend the money without a trace. The State also presented evidence that the USAA and Gallagher checks were fraudulent and showed how Sutton's debit card was previously used to deposit fraudulent checks and purchase money orders, the most recent money order purchase occurring only an hour and twenty minutes before the traffic stop. Finally, the State presented evidence on how Champion was previously involved in a similar scheme. Considered together, this evidence was sufficient to show that Champion intended to fraudulently use the identifying information.[6]...
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