State v. Nettz

OPINION

HATHAWAY, Judge.

On October 1, 1974, defendant, Julie Marie Nettz, endorsed two dividend checks payable to Ivan Heller with the name of Ivan Heller. She was found guilty of forgery, A.R.S. § 13^421(A)(1) by a jury on July 31, 1975. The trial judge, however, granted her motion to vacate judgment and sentence pursuant to Rule 24.2, Rules of Criminal Procedure. The state appeals this ruling.

The crime of forgery has three elements: (1) signing the name of another person, (2) intent to defraud, and (3) knowledge that there is no authority to sign. A.R.S. § 13-421(A)(1). At trial, defendant…