Fox v. State
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The Supreme Court affirmed Defendant's conviction of three counts of felony theft stemming from her use of two credit cards to purchase personal items and services, holding that sufficient evidence supported the convictions.
Defendant, the chief operating officer and executive director of the Buffalo Chamber of Commerce, used two credit cards issued in the Chamber's name and approved to carry out the Chamber's business for personal purchases. A jury convicted Defendant of felony theft. On appeal, Defendant argued that her conduct was lawful because the Chamber authorized each personal purchase by voluntarily paying each credit card bill, and therefore, the evidence did not satisfy the statutory definition of "property." The Supreme Court affirmed, holding (1) the value of available credit on a credit card is intangible property subject to theft under Wyo. Stat. Ann. 6-3-402(a); and (2) sufficient evidence showed that Defendant exercised unauthorized control over the Chamber's property.
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