McNair v. State

Benham, Justice.

Upon being tried before a jury, appellant Todd Christopher McNair was charged and convicted of identity fraud (OCGA § *28316-9-121)1 for the theft and use of the victim’s credit card. Prior to being sentenced, appellant argued that the rule of lenity should be applied such that he would be sentenced for committing financial transaction card theft (OCGA § 16-9-31),2 a crime for which he was not charged or convicted, but which has a lesser penalty than identity fraud.3 The trial court rejected this argument and sentenced appellant as a recidivist to ten years (five years to serve) for…