State v. Rea

OPINION

LIVERMORE, Judge.

Defendant, convicted of one count of forgery under A.R.S. § 13—2002(A)(1), appeals on the grounds that the evidence is insufficient and that an instruction on criminal simulation as a lesser-included offense should have been given.

The evidence established that blank checks were taken from Magellan Associates. One of these, made payable to defendant and signed by a fictitious person, was presented and endorsed by defendant, using his driver’s license as identification, and cashed by a bar in Tucson. There was no direct evidence that defendant filled in any portion of…