Stealing an Expired Credit Card is Still Stealing

Allegations in motion for new trail must have support in affidavit or live testimony. Late disclosure of witness interview recordings did not prejudice appellant because appellant already had the information in the recordings and used it in his defense. Evidence that victim left credit card at home while on vacation, and that appellant possessed it without permission, supports a conviction for class C felony of stealing a credit card. That card was expired is not a defense. “[P]roof that the card is active or related to an open account” is not an element of the offense.

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