State v. Wescott

• Decision Date: 07 September 1994
• Docket Number: No. 2238,2238
• Citation: 316 S.C. 473,450 S.E.2d 598
• Court: South Carolina Court of Appeals
• Parties: The STATE, Respondent, v. John WESCOTT, Appellant. . Heard

Page 598

450 S.E.2d 598

316 S.C. 473

The STATE, Respondent, v. John WESCOTT, Appellant.

No. 2238.

Court of Appeals of South Carolina.

Heard Sept. 7, 1994.

Decided Oct. 10, 1994.

Deputy Chief Atty. Joseph L. Savitz, III, SC Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, and Deputy Atty. Gen. Salley W. Elliott, Columbia, and Sol. Donald V. Myers, Lexington, for respondent.

SHAW, Judge.

In this criminal matter, appellant, John Wescott, appeals his convictions of forgery and conspiracy to commit forgery. We affirm.

The record reveals the following facts. On November 29, 1990, the South Carolina Highway Department issued an identification card to one Marilyn Lawhorn indicating an address of 2700 Greenwood Road, Rock Hill, South Carolina 29730. On January 7, 1991, the department issued a driver's license for the same person, Marilyn Lawhorn, at the same address. Around the first of January, 1991, a young black lady set up an account with a telephone answering service in the name of Marilyn Lawhorn, doing business as Harrison Interior Service and Company. She contracted with the answering service, to answer her phone calls and accept a package, on a temporary basis of one month. On January 8, 1991, a woman opened up a business checking account at Victory Savings Bank in the name of Marilyn Lawhorn, doing business as Harrison Interior Service and Company. The woman presented a South Carolina driver's license and deposited $100.00, the minimum required to open a checking account. She gave a business address of 1218 Henderson Street, Columbia, South Carolina, the address of the telephone answering service.

On January 14, 1991, a woman purchased a business license from the City of Columbia in the name of Marilyn Harrison Lawhorn, doing business as Harrison Interior Service and Company. She gave a residential address of 2700 Greenwood Road in Rock Hill, and a business location of 1218 Henderson Street in Columbia. She gave a telephone number which was the same as that of the telephone answering service.

The telephone answering company received one package on behalf of Ms. Lawhorn, from the John Harland check company, which someone picked up after notification. The only messages taken for this account were in regard to returned checks. There was never a business actually set up or conducted out of 1218 Henderson Street for Harrison Interior Service and Company.

On January 28, 1991, four checks came in to the bank on the Marilyn Lawhorn account which were returned for insufficient funds. The checks were made out individually to Eric Davis, Darryl Ross, Ladda Weikel and John Wescott. The Wescott check had been negotiated at the Kroger Sav-on. All four of the checks were made out for exactly $195 and indicated they were for payment of a commission, or were an advance. On January 31, 1991, four more checks drawn on this account came in to the bank, each bearing a similar notation and made out for exactly $195. These checks were sent back as "account closed."

On January 26, 1991, appellant cashed a Lawhorn check at a Bi-Lo in Lexington. The check was made out to appellant in the amount of $195 and was signed by Marilyn Lawhorn. As with the other checks, it contained the notation of "advance." Appellant's fingerprints were found on the check.

On the evening of January 26, 1991, a young lady attempted to cash a Lawhorn check made out to Ladda Weikel for $195 at a Lexington K-Mart. The woman was accompanied by the appellant, and both were questioned at the store by a police officer. During the questioning, appellant agreed to empty his pockets but attempted to conceal one item in his hand. The item was another Lawhorn check made out to appellant for $195. Later, at the police station, officers were allowed to look at the contents of Ms. Weikel's purse and found three checks made out to Ms. Weikel on the Lawhorn account, each with the "advance" notation in the corner. In a hotel room registered in appellant's name, police found a map of Columbia, containing a hand written list of shopping malls and addresses in the Columbia area. The police further discovered there was no such address as 2700 Greenwood Drive in Rock Hill. A detective with the Lexington Police testified he diligently attempted to find Marilyn Lawhorn, but could not determine that she exists.

Appellant was indicted for forgery under S.C.Code Ann. § 16-13-10 (1985) and conspiracy to commit forgery. At the close of the State's case, appellant moved for a directed verdict arguing there was no evidence of forgery or conspiracy to commit forgery. The trial judge denied the motion and the jury returned a verdict of guilty on both counts. This appeal followed.

Appellant contends there is no evidence of any forgery under the statute, and therefore he could not be found guilty of forgery or conspiracy to commit forgery. He asserts, because the check was a legitimate check drawn on a legitimate account, signed by the individual authorized to issue checks on that account, there could be no forgery. He argues, at most, he was guilty of passing a fraudulent check under S.C.Code Ann. § 34-11-60 (Supp.1993) and conspiracy to pass fraudulent checks. We disagree.

S.C.Code Ann. § 16-13-10 (1985) provides in pertinent part as follows:

Whoever shall be convicted (a) of falsely making, forging or counterfeiting, causing or procuring to be falsely made, forged or counterfeited or wilfully acting or assisting in the false making, forging or counterfeiting of any writing or instrument of writing, (b) of uttering or publishing as true any false, forged or counterfeited writing or instrument of writing, ... or (d) of willingly acting or assisting in any of the premises, with an intention to defraud any person, shall be guilty of forgery and shall be sentenced to be imprisoned not...