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MCNAIR v. STATE

No. S12G1477.

745 S.E.2d 646 (2013)

293 Ga. 282

McNAIR v. The STATE.

Supreme Court of Georgia.

July 1, 2013.

Attorney(s) appearing for the Case

Michael Robert McCarthy , George Brandon Sparks , Public Defender's Office, for appellant.

Susan Laurie Franklin , Asst. Dist. Atty., Herbert Mcintosh Poston , Jr., Dist. Atty., District Attorney's Office, Conasauga Judicial Circuit, George Jason Souther , District Attorney's Office, for appellee.

James C. Bonner, Jr. , Jimmonique R. S. Rodgers , Georgia Public Defender Standards Council, for amicus appellant.

BENHAM, Justice.

Upon being tried before a jury, appellant Todd Christopher McNair was charged and convicted of identity fraud (OCGA § 16-9-121)1 for the theft and use of the victim's credit card. Prior to being sentenced, appellant argued that the rule of lenity should be applied such that he would be sentenced for committing financial transaction card theft (OCGA § 16-9-31),2 a crime for which he...

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