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State v. Leyda

138 P.3d 610 (2006)

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State v. Leyda

Washington Supreme Court
138 P.3d 610 (2006)

Facts

On October 21, 2002, Steven Leyda (defendant) had the credit card of woman named Cynthia Austin. Leyda gave the credit card to his girlfriend, Nikkoleen Cooley, who used it to purchase items at the Bon Marché store in the SeaTac Mall. The couple returned to the store two more times to purchase different items with Austin’s credit card. On November 2, 2002, Cooley attempted to use the card at the Bon Marché for the fourth time. The cashier suspected it was stolen. He contacted the Bon Marché Loss Prevention Department and requested that Cooley show identification. Cooley said her identification was in the car, and she and Leyda left the store with Austin’s card. Meanwhile, Cynthia Austin was contacted and informed of the situation. She told the Bon Marché employee that she had not given her credit card to anyone to use. Not long after, Leyda and Cooley were stopped by police and arrested. Leyda was charged and convicted of four counts of identity theft for the four separate uses of Austin’s credit card. The Court of Appeals affirmed. Leyda appealed to the state supreme court on the basis that his multiple identity-theft convictions violated his constitutional right against double jeopardy.

Rule of Law

Issue

Holding and Reasoning (Alexander, C.J.)

Dissent (Johnson, J.)

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