State v. Mostafavi

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An indictment charging Defendant with obtaining property by false pretenses sufficiently identified the crime charge because it described the property obtained as “United States Currency” and named the items conveyed to obtain the money.Defendant was charged by indictment with, among other offenses, two counts of obtaining property by false pretenses. The trial court found Defendant guilty. The court of appeals vacated Defendant’s convictions for two counts of obtaining property by false pretenses, concluding that the indictment was fatally defective because the description of the property obtained fell short of the specificity required. The Supreme Court reversed, holding (1) the indictment was facially valid because it gave Defendant reasonable notice of the charges against him and enabled him to prepare his defense; and (2) the state presented sufficient evidence of Defendant’s false representation that he owed the stolen property he conveyed. View "State v. Mostafavi" on Justia Law