People v. Perez
367 P.3d 695
Colo.2016Background
- Perez used another person's Social Security number to obtain employment in 2010.
- The number's owner was unemployed and on government assistance; victim suspected misuse of her SSN.
- Police traced the SSN to a list of six restaurants where the owner allegedly worked; victim denied ever working at these places.
- A detective recovered Perez's employment documents and a Social Security card listing the victim's number.
- Perez testified or presented no witnesses; trial court denied acquittal; jury convicted on identity-theft counts.
- Court of Appeals held the statute requires knowledge that the number belonged to an actual person and found the evidence insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether knowability applies to 'of another' in 18-5-902 | Perez, as plaintiff, argues no knowledge of actual ownership is required | Perez contends knowledge of ownership is required for 'knowingly' | Knowingly applies to ownership; must know it belongs to another |
| Whether evidence supported that Perez knew the SSN belonged to a real person | People argue legal sufficiency supported conviction | Perez argues insufficiency due to lack of direct knowledge | Record supports multiple reasonable inferences of knowledge of ownership |
| Whether Flores-Figueroa guidance applies to Colorado statute | People rely on Flores-Figueroa to limit interpretation | Perez argues Flores-Figueroa is not binding on state statute | Flores-Figueroa provides persuasive guidance; not binding, but informs interpretation |
Key Cases Cited
- Flores-Figueroa v. United States, 556 U.S. 646 (U.S. 2009) (requires knowledge that means of identification belongs to another person)
- Copeland v. People, 2 P.3d 1283 (Colo. 2000) (legislative history not conclusive on interpretation)
- Cross v. People, 127 P.3d 71 (Colo. 2006) (statutory purpose does not override ordinary meaning)
- Kendrick v. Pippin, 252 P.3d 1052 (Colo. 2011) (jurors may apply general life experience to findings)
- United States v. Doe, 661 F.3d 550 (11th Cir. 2011) (relevant as persuasive circuit authority on knowledge of identification)