Bryce A. Swihart, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Grant Superior Court, The Honorable Dana Kenworthy,
Judge, Trial Court Cause No. 27D02-1504-F6-118
Attorney for Appellant David M. Payne Ryan & Payne
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Matthew B. Mackenzie Deputy Attorney General
Bryce A. Swihart ("Swihart") was convicted by a
jury of two counts of Forgery, as Level 6
felonies. He now appeals.
Swihart raises two issues for our review:
I. Whether there was sufficient evidence to sustain the
convictions for Forgery; and
II. Whether the trial court erred in determining
Swihart's jail credit time.
and Procedural History
On the evening of January 13, 2015, Heather Underwood
("Underwood") was working as a store manager at
Friendly Market on 2nd Street in Marion. Friendly
Market, among other things, provided check cashing services.
Swihart entered Friendly Market and presented Underwood a
computer-printed check for $2, 248.33, purporting to have
been drawn on an account belonging to Elite Motor Sales
("Elite Motors") in Marion, and bearing the
signature of one Scott Miller. (Ex. 1.)
Because of the value of the check and Friendly Market's
verification procedures, Underwood took a photograph of the
check and Swihart's identification card, which stated his
place of residence as Peru, Indiana, and contacted her
supervisor to determine whether the check could be honored.
An attempt was made to contact Elite Motors to verify the
check, but the attempt failed because it was outside of Elite