Payne v. State

The appellant, David D. Payne, was convicted of four counts of fraudulent use of a credit card, violations of §13A-9-14(b), Ala. Code 1975. The trial court sentenced him, as a habitual offender, to serve concurrent terms of ten years in prison. See § 13A-5-9(b)(1), Ala. Code 1975. The appellant filed an untimely motion for a new trial.1 This appeal followed.

The State presented evidence that Donald Lolley and his son owned Circle L Quail Farm, Incorporated, and that Andre Hogue worked for Lolley. Lolley testified that, on the morning of January 14, 2004, he told Hogue to take his truck to get…