JUSTICE COATS opinion - JUSTICE COATS, dissenting. I not...

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JUSTICE COATS, dissenting. I not only believe the majority misconstrues the Criminal Impersonation statute and reaches the wrong result in this case; but by slicing, dicing, parsing, distinguishing, and generally over-analyzing (over the course of some thirty paragraphs) one short and relatively self- explanatory phrase, the majority manages to exclude from the statutory proscription conduct lying at its very heart. Because I consider the defendant’s deliberate misrepresentation of the single most unique and important piece of identifying data for credit-transaction purposes to be precisely the kind of conduct meant to be proscribed as criminal by this statute, I respectfully dissent. As relevant here the statute prohibits using a false or fictitious identity or capacity for the purpose of unlawfully gaining a benefit or defrauding someone else.1 A social security 1 Although the majority’s rationale for reversal appears to rest entirely on its understanding of the phrase, ”assumes a false or fictitious identity or capacity,” which appears in subsection 113(1) of the statute, it nevertheless pointedly asserts that the defendant was not convicted according to the “injure or defraud” language in subsection 113(1)(e). Maj. op. at 2 n.1 & 11. In a single short phrase, subsection (1)(e) prohibits falsifying one’s identity or capacity with the intent to either unlawfully gain a benefit or defraud another, and the defendant was clearly charged with and convicted of violating section 18-5-113(1)(e). Unless the majority implies that falsifying a loan application does not harm the lender simultaneously with benefiting the borrower, and that the words “identity or capacity” somehow take on one meaning when the defendant’s intent is to benefit himself and another when his intent is to 1
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This note was uploaded on 09/05/2011 for the course BUS 340 taught by Professor Dudu during the Spring '11 term at Grand Canyon.

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JUSTICE COATS opinion - JUSTICE COATS, dissenting. I not...

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