Eddie Champion v. State

CourtCourt of Appeals of Georgia
DecidedOctober 31, 2023
DocketA23A0887
StatusPublished

This text of Eddie Champion v. State (Eddie Champion v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eddie Champion v. State, (Ga. Ct. App. 2023).

Opinion

FIRST DIVISION BARNES, P. J., LAND and WATKINS, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. https://www.gaappeals.us/rules

October 31, 2023

In the Court of Appeals of Georgia A23A0887. CHAMPION v. THE STATE.

WATKINS, Judge.

A jury found Eddie Champion guilty of three counts of identify fraud, two

counts of forgery in the third degree, and one count each of possession of less than

one ounce of marijuana, making a false statement, speeding, driving with a suspended

license, and possession of a firearm by a convicted felon.1 On appeal, he argues that:

(1) insufficient evidence supported his convictions for identity fraud, forgery, and

possession of marijuana; (2) the jury’s verdict was contrary to the principles of justice

and equity under OCGA §§ 5-5-20 and 5-5-21; (3) the trial court abused its discretion

in admitting other acts evidence; (4) trial counsel provided ineffective assistance; and

1 See OCGA §§ 16-9-121 (a) (1); 16-9-1 (d); 16-13-30 (j) (1); 16-10-20; 40-6- 181; 40-5-121 (a); 16-11-131 (b). (5) the cumulative effect of the errors at trial violated his right to a fair trial. For the

reasons set forth below, we affirm.

“On appeal from a criminal conviction, we view the evidence in the light most

favorable to the verdict, and the appellant no longer enjoys the presumption of

innocence.”2 So viewed, the record shows that, in April 2016, Deputy Kris Herrick

with the Crisp County sheriff’s office observed Champion driving 85 miles per hour

when the posted speed limit was 70 miles per hour. Herrick initiated a traffic stop,

and Champion pulled over onto the shoulder. Herrick made contact on the passenger

side of the vehicle. He observed five occupants: Champion in the driver’s seat, a man

later identified as Joseph Walker in the front passenger seat, two women later

identified as Jessica Patten and Kevanique Bennett in the rear seats, and a juvenile in

the rear-middle seat. Patten claimed that she was Champion’s wife.

As soon as the passenger’s side window was down, Herrick smelled the odor

of raw marijuana emanating from the vehicle. Herrick asked Champion for his

driver’s license, and Champion patted down his pockets and responded that he did not

have it on his person. Champion told Herrick that the driver’s license was located

somewhere in the vehicle. When Champion searched the sunglasses holder above his

2 Ramirez-Ortiz v. State, 361 Ga. App. 577, 579 (1) (865 SE2d 206) (2021).

2 head, a debit card fell out. Herrick then asked Champion to step out of the vehicle and

step to the rear.

When Herrick asked Champion for his name, Champion replied that it was

Vincent Crenshaw. Herrick asked Champion to write his name and birthday on a

notepad, and Champion wrote Crenshaw’s name down. Herrick ran the name and

birthday through his computer and did not get any matches. When Herrick asked

Champion for his social security number, Champion refused, claiming that he was

previously a victim of identity fraud and did not want to give out the number. Herrick

re-ran Crenshaw’s name with a different birthday, and received a result, along with

Crenshaw’s social security number. When Herrick asked Champion to provide the

social security number to see if it matched, Champion again refused. Herrick

observed that Crenshaw’s picture did not match Champion’s appearance.

Herrick decided to search the vehicle due to the odor of marijuana. Herrick

started with the center console because Champion avoided that area when he was

searching for his driver’s license. There, Herrick discovered a glass jar containing

suspected marijuana and a grinder. Herrick found signed blank business checks for

InstaLoan and USAA in the passenger glove box. Herrick also discovered in the

glove box a check from Gallagher Bassett Services made out to Dominique Sutton

3 and a rental agreement indicating that Patten had rented the car. Herrick located the

debit card that fell from the sunglasses holder in the front seat area. The debit card

belonged to Sutton.

In the passenger floorboard, Herrick located a handgun with a bullet in the

chamber. He also found a receipt for the handgun made out to Champion and two

packing slips made out to Champion for handgun accessories. Finally, Herrick

discovered two receipts for money orders from Walmart as well as the actual money

orders.

When Herrick started to arrest the other occupants of the vehicle, Champion

claimed that the marijuana was his. Herrick arrested Champion, and Champion

maintained Crenshaw’s identity throughout the booking process. The police

discovered Champion’s true identity after they fingerprinted him. During a custodial

interview, Champion claimed ownership of everything in the vehicle, including

ownership of the handgun and marijuana. However, when the interviewer asked about

the checks, Champion denied ownership. Champion denied that the other occupants

of the vehicle were involved in any criminal activity.

An investigator testified that she received the bank records for Sutton’s debit

card — the debit card that fell out of the sunglasses holder. Two days before

4 Champion’s arrest, there was an ATM check deposit for $3,919.52. One day before

the arrest, there was an ATM check deposit for $4,689.52. The bank statement also

showed purchases from Walmart for $2,497.10 and $2,001.40. These matched the

Walmart receipts found in the vehicle. The money orders were purchased from the

Walmart only about an hour and 20 minutes before the traffic stop. Both of the checks

were later returned as “altered or fictitious,” resulting in Sutton’s account becoming

overdrawn. Sutton — a servicewoman stationed in Kuwait — did not agree to have

her account overdrawn in this way or have the Gallagher Bassett Services check

printed in her name. According to business records from Gallagher, the Gallagher

check was originally made out to a different individual in a different amount.

With respect to the blank checks found in the vehicle, investigators discovered

five blank USAA checks and two sheets of InstaLoan checks. InstaLoan had recently

experienced a theft of some of its blank checks. The USAA checks were counterfeit

and fictitious. The scheme involved depositing the checks, immediately removing the

money, and then purchasing money orders in order to spend the money without a

trace.

Following a limiting instruction, the State also introduced other acts evidence

in order to prove knowledge and intent. An investigator described a scheme where

5 original checks were stolen from mailboxes and then remade or duplicated using

blank checks purchased at office supply companies. The investigator testified that,

in July 2014, an individual named Anthony Bankston gave his bank card to other

persons in order to defraud USAA. Counterfeit checks were deposited into

Bankston’s account, and money was withdrawn from the account before the bank

marked the checks as invalid. The investigator suspected Champion and Patten as

perpetrators of the scheme. The investigator was able to obtain surveillance photos

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Bluebook (online)
Eddie Champion v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddie-champion-v-state-gactapp-2023.