State v. Phillips

ANDREASEN, Justice.

In this case we must determine if the defendant committed forgery by signing his name as drawer on his former wife’s bank check. Finding he did not, we reverse his forgery conviction.

I. Background Facts and Proceedings.

In February 1995, Stephanie Tillman and her former husband, Dano Phillips, were living together. She had a checking account at Firstar Bank in Cedar Rapids, Iowa and had been furnished personalized checks imprinted with her name, social security number, phone number, and her current address. A-though she was the only authorized signator on the account, both…