Opinion
No. 1-926 / 00-1052.
Filed January 9, 2002.
Appeal from the Iowa District Court for Polk County, JOEL D. NOVAK, Judge.
Wendy Boyd appeals her conviction for forgery. AFFIRMED.
Kenneth J. Weiland Jr. of Weiland Law Firm, P.C., Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kristin Mueller, Assistant Attorney General, John P. Sarcone, County Attorney, and John Heineke, Assistant County Attorney, for appellee.
Considered by SACKETT, C.J., and MAHAN and HECHT, JJ.
Wendy Boyd appeals her conviction for forgery in violation of Iowa Code sections 715A.2(1)(c) and (2)(a)(3) (1999). She alleges the evidence was insufficient to support her conviction. We affirm.
On November 18, 1999, Jerry Vande Crol loaned Todd McGhee money to bail Boyd out of jail on a charge of prostitution. Boyd was a casual acquaintance of Vande Crol. He then allowed McGhee and Boyd to spend the night at his apartment.
Vande Crol subsequently loaned his car to McGhee and, upon its return, discovered five checks were missing from his checkbook. He contacted his bank and reported the missing checks. James Gamble, a friend of Boyd's, cashed missing check No. 1741 on November 19, 1999. The teller was suspicious because the signature did not appear to be Vande Crol's, but she cashed it anyway. Later on the same day Boyd attempted to cash missing check No. 1740, which was made out to her in the sum of $150. Vande Crol's signature was printed. Boyd was with Gamble during this attempt. She was asked for identification but stated she had lost it. The teller refused to cash the check because of a "stop payment" and for the additional reason that the signature did not match Vande Crol's.
The teller notified police. Upon their arrival, they discovered carbon copies of missing check Nos. 1741 and 1742 on Boyd's person. Vande Crol testified at trial that he did not sign check No. 1740 or authorize anyone, including Boyd, to sign the check.
We review a claim of insufficient evidence for correction of errors at law. State v. Thomas, 561 N.W.2d 37, 39 (Iowa 1997). A finding of guilt is binding upon us if supported by substantial evidence. Iowa R. App. P. 14(f)(1). Substantial evidence is such evidence as could convince a rational trier of fact the defendant is guilty beyond a reasonable doubt. Thomas, 561 N.W.2d at 39. We conclude there was sufficient evidence to support the verdict against Boyd. Accordingly, we affirm.
AFFIRMED.