People v. Simmons CA4/1
Opinion
Opinion
STATEMENT OF FACTS
On May 31, 2013, Simmons presented two checks to a bank teller. The teller told
Simmons she would have to contact the account owner. Simmons waited while the teller
attempted to contact the account owner. The bank discovered the checks were fraudulent
and the teller called police. However, Simmons left the bank before police arrived.
Police apprehended Simmons at a bus stop near the bank. After first talking to
someone who pretended to be the account owner, police successfully contacted the actual
owner and found that the checks were fraudulent.
A computer forensic investigator from the District Attorney's office testified about
the pattern of calls and text messages from Simmons's phone to the number of the person
who impersonated the account owner to police.
2 Adrien Jayasinha, the owner of the account on which the fraudulent checks were
made, testified the checks were not authorized and Simmons was not authorized to use
his name.
Simmons testified the checks were mailed to him, and a person who impersonated
the owner told him to take the checks to the bank. He did not know the actual owner of
the account.