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Swihart v. State

Court of Appeals of Indiana

February 22, 2017

Bryce A. Swihart, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal 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 Marion, Indiana.

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Matthew B. Mackenzie Deputy Attorney General Indianapolis, Indiana.

          BAILEY, JUDGE.

         Case Summary

         [¶1] Bryce A. Swihart ("Swihart") was convicted by a jury of two counts of Forgery, as Level 6 felonies.[1] He now appeals.

         [¶2] We affirm.

         Issues

         [¶3] 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.

         Facts and Procedural History

         [¶4] 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.)

         [¶5] 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 ...


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