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Tag Archives: Judge Daniel E. Ortiz

Insufficient proof that ATM was used ‘without authority’

Even assuming an ATM is a computer, appellant did not operate it without authority when she used it to deposit forged checks. Her computer fraud conviction is reversed. The computer fraud statute forbids using a computer without authority to do ...

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Sufficient evidence sustains drug possession conviction

Where appellant admitted to using a pipe that tested positive for methamphetamine, his conviction for possession of a Schedule I or II controlled substance is affirmed. Search “Franklin County Sheriff’s Investigator Zachary Shaffer assisted in the execution of a search ...

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Appellant knowingly possessed methamphetamine

There is sufficient evidence that appellant knowingly possessed methamphetamine where it was “plainly visible” and appellant was in close proximity. Constructive possession “[I]t is well-established that a defendant’s immediate proximity to contraband that is plainly visible is sufficient to support ...

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