Colorado Court of Appeals People v. Reed 08CA2700

Decision here.

   Reed was convicted of killing his girlfriend, stealing her car, and criminally possessing four or more financial transaction devices with two different victims (because when he was caught he had a bunch of her credit cards and also a gift car which belonged to someone else).  He appealed, arguing prosecutorial misconduct over witnesses alluding to his criminal history.  That argument didn't work out for him, but it isn't really within the scope of this blog.

   Reed also argued that because there were no funds available on the gift card, the evidence was not sufficient to support his criminal possession of a financial transaction device conviction.  The Colorado Court of Appeals agreed, because there was no evidence presented that the gift card was usable (and without that, it didn't meet the statutory definition of a financial transaction device).  The court ruled that the evidence did support a conviction on the lesser included charge of criminal possession of a financial transaction device (four or more devices, one victim).  The case was sent back to the lower court for resentencing on that one charge, everything else about his conviction stands.