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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 35557 STATE OF IDAHO, Plaintiff-Respondent, v. REBECCA R. ALLEN, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) 2009 Opinion No. 76 Filed: December 2, 2009 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Thomas F. Neville, District Judge. Judgment of conviction for forgery, affirmed. Molly J. Huskey, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant. Eric D. Fredericksen argued. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued. ______________________________________________ GUTIERREZ, Judge Rebecca R. Allen appeals from her judgment of conviction entered upon a jury verdict finding her guilty of forgery. We affirm. I. FACTS AND PROCEDURE The state's evidence at trial established that Allen entered Moneytree, a business offering check-cashing services, and presented to the manager a $4,900 check made out to Allen. The manager testified that Allen requested that it be cashed. After Allen gave the check to the manager through the window, the manager attempted to verify it. Noticing irregularities on the face of the check, the manager asked Allen several questions and then informed her that the check was fraudulent. The manager alerted the police. When contacted by the police, Allen first said the check had been sent to her by a friend, but later admitted that she had received the check after responding to an e-mail and becoming

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involved in a "Nigerian check scam." She also indicated that she suspected the check was fraudulent. After changing her story several times, Allen admitted to the officers that she had gone to Moneytree to cash the check and signed a statement admitting the same. At the conclusion of trial, the jury returned a verdict of guilty on the charge of forgery, Idaho Code

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