Mooney v. State

Phipps, Judge.

A jury found Douglas Mooney guilty of two counts of forgery. On appeal, he argues that the State named the wrong victim in the accusation, resulting in a fatal variance. Because Mooney failed to raise this challenge in a timely manner and because the variance was merely a misnomer, we affirm.

The relevant counts of the accusation charged Mooney with forgery by knowingly making two checks that were drawn on the account of “the Bonnell Group, Inc.” and purportedly signed by Clint Williams, “but the signature thereon was not his and not signed with his or the Bonnell Group, Inc.’s…