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STATE OF LOUISIANA VERSUS DOMINIQUE S. SIPP

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NO. 2011-KA-1555 COURT OF APPEAL

* FOURTH CIRCUIT * STATE OF LOUISIANA *******

APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 493-902, SECTION "A" Honorable Laurie A. White, Judge ****** Judge Joy Cossich Lobrano ****** (Court composed of Chief Judge Charles R. Jones, Judge James F. McKay, III, Judge Joy Cossich Lobrano) Leon A. Cannizzaro, Jr. District Attorney Felicity Strachan Assistant District Attorney 619 South White Street New Orleans, LA 70119 COUNSEL FOR APPELLEE/STATE OF LOUISIANA Sherry Watters LOUISIANA APPELLATE PROJECT P. O. Box 58769 New Orleans, LA 70158-8769 COUNSEL FOR DEFENDANT/APPELLANT

AFFIRMED

The State of Louisiana charged the defendant, Dominique S. Sipp, by bill of information, with unauthorized use of an access card, in an amount over $500, a violation of La. R.S. 14:67.3. The defendant pled not guilty. A jury found her guilty as charged on April 7, 2011. On July 7, 2011, the trial court denied defendant's motion for post-verdict judgment of acquittal, and sentenced her to three years at hard labor with credit for time served, and ordered her to pay a fine and court costs. The trial court ordered the sentence to be served concurrently with any other sentence being served by the defendant. Defendant now appeals. At trial, Deborah McDonald, the victim in this case, testified that her purse, containing, among other things, her credit cards, was stolen while shopping at the Wal-Mart on Tchoupitoulas Street in New Orleans. She subsequently informed each of her credit card companies and the three major credit bureaus of the theft. Nevertheless, she eventually learned that unauthorized charges had been made at the Hilton hotel, the Marriott hotel, the Doubletree hotel, and Domino's Pizza. Most of the charges were for the Hilton Hotel in New Orleans. Ms. McDonald denied knowing the defendant or ever giving her permission to use her credit card.

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When shown a copy of a Hilton Credit Card Payment Authorization Form, she denied that the "cardholder signature" bearing her name was her signature. Hilton's Assistant Director of Finance, Judy Sirit, testified at trial. Ms. McDonald's apparently forged signature on the credit card authorization form was dated June 14, 2009. The authorization was for Niechia Hunter, and it listed an American Express card ending in "4000." Another authorization for Justin Sipp was purportedly signed or forged on June 18, 2009. On June 17, 2009, the

defendant purportedly signed a check for Room 2711 in the amount of $262.73 for a one liter bottle of Grey Goose vodka. She also signed a hotel registration card for Room 2711. The registration card showed an arrival date of June 16, 2009, and a departure date of June 18, 2009. The rate was $229 per day. The folio1 or receipt for the defendant's charges to Room 2711 show she charged a total of $1030.62 to an American Express card ending in "4000" between June 16 and 18, 2009. A search performed by Hilton's credit card processor, Dollars on the Net, showed that Niechia Hunter, Justin Sipp, and the defendant charged a total of $21,167.81 to Ms. McDonald's credit card between June 16 and 24, 2009. It is noteworthy that the authorization forms purportedly allowing Niechia Hunter and Justin Sipp to use the credit card number ending in "4000" listed "3219

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