State v. Barrick

2002 UT App 120, 46 P.3d 770, 48 U.C.C. Rep. Serv. 2d (West) 213, 445 Utah Adv. Rep. 28, 2002 Utah App. LEXIS 32, 2002 WL 575933
CourtCourt of Appeals of Utah
DecidedApril 18, 2002
Docket20010027-CA
StatusPublished
Cited by3 cases

This text of 2002 UT App 120 (State v. Barrick) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Barrick, 2002 UT App 120, 46 P.3d 770, 48 U.C.C. Rep. Serv. 2d (West) 213, 445 Utah Adv. Rep. 28, 2002 Utah App. LEXIS 32, 2002 WL 575933 (Utah Ct. App. 2002).

Opinion

OPINION

BENCH, Judge:

1 1 Defendants Amber Barrick and Travis Johnston appeal from conditional guilty pleas to one count each of attempted forgery. We affirm.

BACKGROUND

12 Defendants allegedly found or otherwise acquired a money order,. The money order had the signature and address of the purchaser, but the payee line was blank. The purchaser apparently bought the money order to pay a utility bill and did not know *771 either Defendant. One of the Defendants wrote Amber Barrick on the blank payee line, endorsed the money order, and then cashed it. Defendants were charged with Forgery, a third degree felony, in violation of Utah Code Ann. § 76-6-501 (1999). Defendants entered a plea of guilty to attempted forgery, conditional upon their right to appeal the denial of their motion to dismiss the forgery charge and their convictions for attempted forgery. See Utah Code Ann. § 76-4-101 (1999).

ISSUES AND STANDARDS OF REVIEW

3 Defendants first argue that by filling in a name on a blank payee line, the legal significance of the instrument is not changed. Second, they argue that the trial court erred in concluding that their actions constitute forgery by the completion or utterance of a writing purporting to be the act of another as required by section 76-6-501 (Forgery Statute). See Utah Code Ann. § 76-6-501. Defendants claim that their actions constitute, at worst, the class A misdemeanor of theft of lost or mislaid property. See Utah Code Ann. § 76-6-407 (1999). 1

14 "We review for correctness a trial court's statutory interpretation, according it no particular deference." State v. Singh, 819 P.2d 356, 359 (Utah Ct.App.1991) (quotations and citations omitted). "In interpreting a statute we give the words their usual and accepted meaning." Gull Labs., Inc. v. Utah State Tax Comm'n, 936 P.2d 1082, 1084 (Utah Ct.App.1997) (quotations and citation omitted). We first examine the statute's plain language, resorting to other methods of statutory interpretation only if the language is ambiguous. See Hercules, Inc. v. Utah State Tax Comm'n, 2000 UT App 372,¶ 9, 21 P.3d 231.

ANALYSIS

15 The Forgery Statute provides, in part, that

(1) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he:
(a) alters any writing of another without his authority or utters any such altered writing; or
(b) makes [or] completes ... or utters any writing so that the writing or the making, [or the] completion ... or [the] utterance purports to be the act of another, whether the person is existent or nonexistent....

Utah Code Ann. § 76-6-501. Defendants do not contest that they had "purpose to defraud" or "knowledge" that they were facilitating a fraud. The requirements for forgery under the first part of section 76-6-501 are accordingly met. Therefore, we consider Defendants' actions and arguments in the order listed in the Forgery Statute: first looking at the issue of altering a writing without authority as stated in subsection (1)(a), and then considering whether Defendants completed or uttered the writing as specified in subsection (1)(b).

16 The language of the Forgery Statute is plain and unambiguous and we "give the words their usual and accepted meaning." Gull Labs., 936 P.2d at 1084 (quotations and citation omitted). "When language is clear and unambiguous, it must be held to mean what it expresses, and no room is left for construction." Hanchett v. Burbidge, 59 Utah 127, 202 P. 377, 380 (1921). Defendants argue that the trial court erred when it concluded that their actions constituted forgery under section 76-6-501. Defendants contend that their actions did not change the legal significance of the instrument. Subsection (1)(a) of the Forgery Statute states that anyone who "alters any writing of another without his authority" is guilty of forgery. Utah Code Ann. § 76-6-501(1)(a). The purchaser of the money order did not know either Defendant. Therefore, *772 Defendants did not have the authority to alter or add anything to the money order. Inserting Barriek's name into the blank payee line clearly altered the money order. See People v. Pool, 185 Colo. 131, 522 P.2d 102, 104 (1974) (en bane) (holding that defendant committed forgery when, without authority, he altered a money order by filling in his own name as payee in the blank payee line, endorsed it, and then cashed it). Specifically, the money order was altered by Defendants in at least three respects. First, Defendants' conduct subverted the purchaser's intent as to who was to be paid by the money order. Second, the face of the money order was altered according to the meaning of "alter" by filling in a line that was left blank. Finally, as we discuss below, Defendants' conduct "altered" the writing within the meaning of the Forgery Statute by converting the money order from a bearer instrument to an order instrument, which changes the legal significance of the instrument. See Utah Code Ann. § 70A-3-109 (1997).

T7 Section 70A-3-109, part of the Utah Uniform Commercial Code (UUCC), delineates the difference between a bearer instrument and an order instrument. That section provides, in part, that

(1) A promise or order is payable to bearer if it:
(a) states that it is payable to bearer or to the order of bearer ...;
(b) does not state a payee; or
(c) states that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.
(2) A promise or order that is not payable to bearer is payable to order if it is payable to the order of an identified person, or to an identified person or order. A promise or order that is payable to order is payable to the identified person.

Id. (emphasis added). A bearer instrument "does not state a payee" while an order instrument is "payable to order if it is payable to the order of an identified person." Id.

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2002 UT App 120, 46 P.3d 770, 48 U.C.C. Rep. Serv. 2d (West) 213, 445 Utah Adv. Rep. 28, 2002 Utah App. LEXIS 32, 2002 WL 575933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barrick-utahctapp-2002.