STATE v. PHILLIPS

No. 96-1359.

569 N.W.2d 816 (1997)

STATE of Iowa, Appellee, v. Dano PHILLIPS, Appellant.

Supreme Court of Iowa.

October 22, 1997.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Kevin Cmelik, Assistant State Appellate Defender, and Julie Bettenhausen, Student Legal Intern, for appellant.

Thomas J. Miller, Attorney General, Martha E. Boesen, Assistant Attorney General, Denver D. Dillard, County Attorney, and Russell G. Keast, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, ANDREASEN, and TERNUS, JJ.


ANDREASEN, Justice.

In this case we must determine if the defendant committed forgery by signing his name as drawer on his former wife's bank check. Finding he did not, we reverse his forgery conviction.

I. Background Facts and Proceedings.

In February 1995, Stephanie Tillman and her former husband, Dano Phillips, were living together. She had a checking account at Firstar Bank in Cedar Rapids, Iowa and had been furnished personalized checks...

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