State v. Edgar

605 P.2d 454, 124 Ariz. 476, 1979 Ariz. App. LEXIS 691
CourtCourt of Appeals of Arizona
DecidedJuly 10, 1979
DocketNo. 1 CA-CR 3514
StatusPublished
Cited by1 cases

This text of 605 P.2d 454 (State v. Edgar) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Edgar, 605 P.2d 454, 124 Ariz. 476, 1979 Ariz. App. LEXIS 691 (Ark. Ct. App. 1979).

Opinions

OPINION

DONOFRIO, Judge.

Appellant was convicted after a trial by jury on September 30, 1976 of knowingly procuring or offering a false or forged instrument to be filed in violation of the then current version of A.R.S. § 39-161. He filed timely motions to vacate the judgment and for a new trial, and the motions were denied. He brings this appeal from the judgment and sentence alleging two claims of error. He urges first that the evidence is insufficient to support the conviction in that the “state never proved that appellant filed or caused to be filed the instruments which were actually recorded.” And he argues second that the evidence was insufficient to support the verdict in that the ‘state never proved that the instruments in question were false or forged.” Since both issues raised by the appellant relate to the sufficiency of the evidence, we will set forth herein the pertinent facts and evidence which gave rise to the conviction.

The events complained of occurred during October and November of 1971. At that time, appellant was Sales Manager for Chino Valley Estates, a subdivision of Consolidated Mortgage Company, Prescott, Arizona. ' Consolidated Mortgage Company was in the business of selling property. One Norma Jean Reid, a 16-year old girl, was an employee of Consolidated, working as a telephone solicitor. The evidence indicated that she was desirous of purchasing property in Chino Valley Estates and asked appellant to sell her a lot. Because she was a minor with no legal capacity to purchase a lot, an alternative method for enabling her to purchase a lot was devised whereby documents for the purchase were executed. A [477]*477purchase and sale agreement was entered into indicating that the purchaser was one Norma Jeanne Smith, a widow, whose address was General Delivery, Prescott, Arizona. The evidence at trial indicated that appellant filled in the information on the purchase and sale agreement, but that he did not sign the fictitious name of Norma Jeanne Smith as the buyer.

Norma Jean Reid testified that it was her impression that she could purchase the lot using the fictitious name of Norma Jeanne Smith who was a non-existent person, and that the lot would be hers. It was determined that she would pay for the property through a series of deductions by the appellant from her paychecks. She testified that she signed the purchase and sale agreement and the financial statement with the fictitious name to enable her to complete the purchase. She further testified that appellant assisted her in filling out all the appropriate documents, and that he was present when she signed the fictitious name to the documents. Moreover, she stated that her mother, who was also an employee of Chino Valley, had consistently forbidden her to purchase the lot, and that her mother was not present at the execution of the agreements, and that her mother was distraught when she discovered the purchase. The testimony of the mother corroborated that of Norma Jean Reid. Appellant testified, however, that while he assisted Norma Jean Reid in completion of the documents, he left the room when the documents were signed, and that Norma Jean Reid’s mother was present at the time the documents were signed. Appellant further testified that he thought that Norma Jeanne Smith was a real person who agreed to assist Norma Jean Reid in the purchase of the property.

After the instruments were executed they were forwarded to Consolidated Mortgage Company in Phoenix for processing and confirmation. There was testimony to the effect that each time a sale was completed by a salesman, the documents were normally sent to a main office in Phoenix for processing, and at that time, a secretary completed the forms to the extent that they were incomplete, that further, one of the assistants in the Phoenix office would verify the credit information contained on the financial statement, and then recommend that a sale be approved if the credit information was satisfactory. If the sale were approved, the purchase and sale agreement would be signed by an officer of the corporation indicating that he accepted the contract for Consolidated Mortgage Company. Moreover, a document would be completed for purposes of the file which indicated the date of sale, the down payment, the lot number, the buyer, the price, the number of payments, the date the payments started, and the commission due the salesman.

The evidence in this case indicated that Miss Reid’s mother had a conversation with the assistant in the Phoenix office whose job it was to verify the credit information, and that the mother indicated her opposition to the sale at that time. The evidence further indicated that the document setting forth the schedule of commissions indicated that the sale was cancelled by virtue of the fact that the word “cancellation” was written at the top of the document. The purported cancellation took place on October 27, 1971. Appellant further testified that he was advised of the cancellation and that from that point forward presumed that the entire transaction was terminated.

The purchase and sale agreement indicates that it was accepted by Consolidated Mortgage Company by virtue of the fact that it was signed by Edward Lazar, an officer of Consolidated Mortgage on October 28, 1971. Moreover, on November 8, 1971, the warranty deed and the realty mortgage on the lot which Miss Reid had attempted to purchase were recorded with the Yavapai County Recorder. The testimony further indicated that the warranty deed and the realty mortgage which were recorded were not prepared by appellant, but were delivered in blank to the office of one of the secretaries in Phoenix. That secretary was under the supervision of a man by the name of Manny Singer. She testified that the secretarial staff prepared the blank instruments. Appellant’s signature does not appear on any of the instru[478]*478ments which were ultimately filed, and it was clear from the testimony that he did not assist in their preparation. From the testimony, it is not clear how the instruments came to be filed in the Yavapai County Recorder’s office. The County Recorder testified, however, that she did not know or recognize appellant and that she did not remember having seen him present documents to be recorded.

Appellant argues first that the verdict was contrary to the weight of the evidence in that the “State never proved that appellant filed or caused to be filed the instruments which were actually recorded in the Yavapai County Recorder’s office.” The then current version of A.R.S. § 39-161 provided as follows:

“A person who knowingly procures or offers a false or forged instrument to be filed, registered or recorded in a public office in this state, which, if genuine, could be filed, registered or recorded under any law of this State or the United States, is guilty of a felony.”

The only case interpreting that version of A.R.S. § 39-161 is Lewis v. State, 32 Ariz. 182, 266 P. 1048 (1927). Therein, the court held that in order for the State to sustain its burden, it must establish four things: “First, that the instrument in question was forged; second, that it was filed in the office of the state treasurer; third, that the appellant knew of its falsity; and, fourth, that so knowing he filed or caused it to be filed.” 32 Ariz.

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Related

State v. Edgar
605 P.2d 450 (Arizona Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
605 P.2d 454, 124 Ariz. 476, 1979 Ariz. App. LEXIS 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edgar-arizctapp-1979.