Gibson v. State

Boggs, Judge.

Gary Gibson was convicted after a bench trial of deposit account fraud. OCGA § 16-9-20. The issue presented on appeal is whether his check, drawn on a closed account, was presented “in exchange for a present consideration” within the meaning of OCGA § 16-9-20 (a). We conclude that, under the circumstances of this case, a rational trier of fact could have found beyond a reasonable doubt that the check in question was presented in exchange for a present consideration, and we therefore affirm.

The victim, a construction rental company, rented two pieces of heavy equipment to Gibson…