This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The Defendant was convicted of forgery for attempting to cash a check with a false signature. The evidence presented at trial included the Defendant's attempt to use a fake identification at the bank and discrepancies between her statements to the police and the details on the check. The Defendant argued that she was cashing the check at the request of a friend named Ken, but the check was neither made out to her nor to someone named Ken, and the account holder's name was not Ken.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Appellant (Defendant): Argued that the evidence was insufficient to prove her knowledge that the check she attempted to cash had a false signature. She contended that merely attempting to cash a check that was not hers should not support an inference that she knew the check's signature was false.
- Appellee (State of New Mexico): [Not applicable or not found]
Legal Issues
- Whether the evidence was sufficient to prove the Defendant's knowledge that the check she attempted to cash had a false signature.
Disposition
- The Court of Appeals affirmed the Defendant's conviction for forgery.
Reasons
-
Per J. Miles Hanisee, with Judges Kristina Bogardus and Zachary A. Ives concurring, the Court found that knowledge in forgery cases can be inferred from circumstantial evidence, including the Defendant's use of a fake ID and discrepancies between her statements and the check's details (paras 3-5). The Court distinguished this case from Stallings v. Tansy, noting that in this case, the Defendant's use of a false identification to cash the check allowed for an inference of knowledge that the check was forged, unlike in Stallings where the checks were made payable to the defendant and there were no discrepancies between the defendant's statements and the check details (paras 6-7). The Court concluded that the jury could infer the requisite knowledge from the Defendant's actions and upheld the conviction (para 8).
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.