Raymond v. State

745 S.E.2d 689, 322 Ga. App. 404, 2013 Fulton County D. Rep. 2165, 2013 WL 3215447, 2013 Ga. App. LEXIS 537
CourtCourt of Appeals of Georgia
DecidedJune 26, 2013
DocketA13A0014
StatusPublished
Cited by2 cases

This text of 745 S.E.2d 689 (Raymond 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
Raymond v. State, 745 S.E.2d 689, 322 Ga. App. 404, 2013 Fulton County D. Rep. 2165, 2013 WL 3215447, 2013 Ga. App. LEXIS 537 (Ga. Ct. App. 2013).

Opinion

Miller, Judge.

James Raymond, convicted by a jury of 21 counts of theft by taking (OCGA § 16-8-2), appeals from the trial court’s denial of his motion for new trial, contending the following: the evidence was insufficient to sustain his convictions; the trial court improperly admitted voluminous records of Western Union and MoneyGram as business records; the trial court failed to impose penalties for discovery violations; and his trial counsel rendered ineffective assistance. We discern no error and affirm.

1. Raymond argues that the evidence is insufficient to sustain his conviction. We disagree.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict and the defendant no longer enjoys a presumption of innocence. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether the evidence was sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

(Citation omitted.) Stepho v. State, 312 Ga. App. 495, 496 (718 SE2d 852) (2011).

So viewed, the evidence was that Raymond was the incorporator and president of Vision for Kids, Inc., d/b/a Caribbean Food Store (CFS), a small convenience store in Austell licensed to service Western Union and MoneyGram customers and to provide wire transfer of monies. On May 16, 2006, Raymond signed an agency agreement on behalf of CFS with Western Union for the purpose of wiring and receiving money via a Western Union terminal at CFS. A Western Union agent testified that someone wanting to send money would go to a Western Union location and fill out a to-send-money form including the recipient’s name, the amount of money being sent, and other information. The clerk then typed that information into the Western Union terminal where it was stored in a database until the recipient went to the receiving location, completed a to-receive-money form including their name, address, phone number, the sender’s name, amount expected, and the origin of the money. The recipient was required to present a government issued photo identification to the Western Union agent.

[405]*405“JAM” was the operator identification used by Raymond for Western Union transactions. The evidence showed that “JAM” was involved in 140 Western Union wire transfers for products or services that were not produced or rendered.

On December 4, 2007, Raymond’s brother, Livingston Raymond, signed an agency agreement on behalf of CFS with MoneyGram, another company providing wiring and receiving of funds services through a terminal at CFS. To use MoneyGram, the sender would go to the agent’s location, fill out a form, pay a fee, and the money would be transmitted to the designated individual. The recipient could go to any MoneyGram terminal in the United States and would need a reference number to obtain the money and would have to present identification if the amount were over $900.

The evidence showed that from January 28, 2008 through September 28, 2008, on 445 occasions, individuals wired funds through MoneyGram from all over the United States to different locations in Georgia and all of the funds were received at CFS by “JAMES,” the MoneyGram operator identification for James Raymond.

Seventeen people who had wired money via MoneyGram and not received their purchase or service testified. All of the funds which they wired were received at CFS by “JAMES.”

Erica Jackson of Eufaula, Alabama was looking on the internet for a loan in March 2008. Jackson was advised that she had been approved for a $25,000 loan, but would have to pay a fee. Jackson sent approximately $1,000 through MoneyGram on March 4, but did not receive her loan or the return of her money.

Angela Morris of Hephzibah, Georgia also found a loan on the internet which she believed was through Principal Financial Group. On March 28, 2008, Morris sent $662 via MoneyGram to Cynthia Miller in New York City. Morris did not receive her loan or the return of her money.

In May 2008, Theresa Baxter of Hiram, Georgia was looking online for a vehicle. Baxter inquired about a Jeep Wrangler she found and was advised that the owner had received the Jeep in a divorce and wanted to sell it. Upon receipt of an “ebay motors” invoice, Baxter wired $3,650 to Edgard Doris in San Diego on May 1. Baxter did not receive the car or her money back.

In order to pay for his daughter’s surgery, Jeremy McCown of Gadsden, Alabama went online seeking a loan and, on May 1, 2008, he sent $845.75 to New York City through MoneyGram. McCown never received his loan nor did he get his money back.

In May 2008, Andrew Fountain of Acworth, Georgia found two jet skis for sale on craigslist for $4,900. Fountain also received an e-mail that appeared to be from ebay, directing him to send the money [406]*406to a man in North Carolina. Fountain sent the $4,900 via Money-Gram on May 14, 2008, but did not receive the jet skis or his money back.

Leindy Godfrey of Dallas, Georgia located a truck on craigslist that she wanted to get for her husband. After exchanging e-mails and receiving an e-mailed invoice from “ebay motors,” on May 15, 2008, Godfrey sent $4,000 via MoneyGram to Robert Milford in San Jose, California. Godfrey did not receive the truck or her money back.

Justin Loriss of North Charleston, South Carolina located a BMW on craigslist and, on May 17, 2008, he sent his payment of $10,000 through MoneyGram. Loriss did not receive the BMW or his money back.

Michael Eckhoff of Albertville, Alabama, was selling a truck and received a check in payment for it. The check, which he deposited into his account, included the cost of the truck plus shipping costs. In May 2008, Eckhoff, as instructed by the purchaser, sent $8,500 via three MoneyGrams to Georgia recipients. The check that Eckhoff had deposited in his account bounced for insufficient funds. Eckhoff did not receive any of his $8,500 back.

In June 2008, Carnell Spurlock from Cocoa Beach, Florida, who left Louisiana after Hurricane Katrina, was looking online to replace his flooded-out car. He found a car and contacted the seller, identified as Ashley McKeithen, who said she was recently divorced and was selling a Honda. Spurlock sent payments totaling $5,500 through MoneyGram to a Mat Stamper in New York. He did not receive the car or return of his money.

In June 2008, Diana Fraden of Atlanta contacted a woman she located on a website to help obtain a loan to pay medical bills. The woman sent Fraden forms which Fraden filled out and faxed back. Fraden sent $500 via MoneyGram as her first payment for the loan to another person whose name the woman provided. Fraden did not get her loan nor did she receive her money back.

Meredith Metz, a student living in Alpharetta, found a listing for a Mercedes e500 for $5,000 on craigslist in August 2008. According to the information provided, the seller, Alicia Taylor in Arizona, had just gone through a divorce and needed a family car, so she was selling the Mercedes at a discount. Metz wired $5,000 to Arizona on August 28, but did not receive the car or the return of her money.

William E.

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Bluebook (online)
745 S.E.2d 689, 322 Ga. App. 404, 2013 Fulton County D. Rep. 2165, 2013 WL 3215447, 2013 Ga. App. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raymond-v-state-gactapp-2013.