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Criminal Practice – Financial Card Fraud – False Pretenses – Tire Purchase (access required)

State v. Kittrell The evidence shows that defendant obtained merchandise valued at more than $3,000 from Stokes Tire by presenting a debit card number issued on an account to which he had no connection. Defendant claimed affiliation with a company that did not exist — “Lee Trucking.” The actual cardholder filed a claim regarding the transaction and then cancelled the card. Stokes Tire was denied payment by the issuing bank. Defendant claimed he engaged in this transaction after a man he did not know came into his barbershop and offered him $200 to “go pick up some tires” for him. The state presented substantial evidence that defendant knowingly and intentionally used the card without authorization or permission from the user.

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