State of Arizona v. Robert Francisco Borquez

OPINION

MILLER, Judge.

¶ 1 Appellant Robert Borquez was convicted of theft of a credit card, fraudulent use of the credit card, and theft by misrepresentation relating to the credit card. On appeal he challenges the conviction of theft by misrepresentation, arguing there was insufficient evidence establishing the elements of the offense. In addressing these issues we must decide whether AR.S. § 13-1802(A)(3) requires a material misrepresentation to the person who suffered a loss, or if a misrepresentation to a third party that is instrumental in causing the wrongful act is sufficient. For the…