State v. Cotan

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 02-16-2022
  • Case #: A174032
  • Judge(s)/Court Below: Tookey, P.J. for the Court; Aoyagi, J.; & Armstrong, S.J.
  • Full Text Opinion

A person commits identity theft if they, with the intent to deceive or defraud, obtain, possess, transfer, create, utters, or converts to the person’s own use the personal identification of another person.

Defendant was convicted of two counts of identity theft which were merged. On appeal, Defendant assigns error to the denial of his motion for judgment of acquittal (MJOA) because he did not have intent to deceive or defraud. A person commits identity theft if they, with the intent to deceive or defraud, obtain, possess, transfer, create, utters, or converts to the person’s own use the personal identification of another person. Defendant possessed a social security card and expired driver’s license of people other than himself. The number on the social security card was legible and the license although expired contained information the legislature has deemed “personal.” There was enough evidence to deny defendant’s MJOA. Affirmed.

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