State v. Smothers

KAREN KING MITCHELL, Judge.

Respondent, Robert Smothers (Smothers), was charged with one count of forgery and one count of possession of a forging instrumentality. The circuit court found that the evidence contained in the State’s information and probable cause statement did not meet the statutory requirements of forgery as a matter of law. Accordingly, the circuit court granted Smothers’s motion to dismiss. Because we find that the State’s allegations, if proved, could meet the statutory elements of forgery, we reverse.

I. Facts and Procedural Background

Smothers was subject to a valid,…