Does the mere possession of a complete credit card or cards (not the statutory “incomplete credit card” ) which has the mag strip reprogrammed so that it swipes another credit card account number which does not match the number embossed on the front, constitute a presumption to “harm or defraud”?
Check out Lee v. State, 962 S.W.2d 171 (Tex. App.--Houston [1st Dist.] 1998, pet. ref'd. It was a 2-1 decision which had nearly the same facts as your case. The name on the face of the card was for a closed account. But the magnetic strip had the information for another active account holder. The dissent was based on the fact that while the prosecution had the active card holder testify that she did not consent to her account info being used, somehow she never identified the card number on the strip was in fact her card number. The case has "plus" rating on Shepards.
Thanks! That is quite helpful.
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