Alvarado v. People

132 P.3d 1205, 2006 Colo. LEXIS 244, 2006 WL 902594
CourtSupreme Court of Colorado
DecidedApril 10, 2006
Docket04SC868
StatusPublished
Cited by1 cases

This text of 132 P.3d 1205 (Alvarado v. People) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alvarado v. People, 132 P.3d 1205, 2006 Colo. LEXIS 244, 2006 WL 902594 (Colo. 2006).

Opinions

HOBBS, Justice.

We granted certiorari to review the court of appeals’ judgment in People v. Alvarado, No. 03CA0158, 2004 WL 2536862 (Colo.App. Nov.10, 2004), construing Colorado’s criminal impersonation statute, § 18-5-113(l)(e), C.R.S. (2005).1 Defendant argues that this provision requires two acts for conviction: first, the act of impersonation; second, the act from which á defendant intends to receive a benefit. We disagree. This provision proscribes an act of criminal impersonation that [1206]*1206involves a requirement for the prosecution to prove two culpable mental states.

Reading section 18-5-113 as a whole we determine that subsection (l)(e) of this statute criminalizes a defendant’s knowing use of a false or fictitious identity or capacity with the intent to unlawfully gain a benefit for himself or another person or to injure or defraud another person. In this case, the defendant utilized another person’s identity to avoid arrest by the police on an outstanding warrant. Accordingly, we uphold the judgment of the court of appeals affirming defendant’s criminal impersonation conviction.

I.

The police stopped a vehicle in which defendant Paul Alvarado (“Alvarado”) was a passenger. After arresting the driver due to an outstanding warrant, one of the officers began questioning Alvarado. Alvarado stated that he did not have his license with him, but wrote his name and birth date for the officer. In doing so Alvarado provided a false name, Frank Robert Guerrero, and a false birth date. The officer returned to his car, searched his computer using the false name and birth date, and located a matching record. The computer record reported no outstanding warrants for Frank Robert Guerrero.

Suspicious that Alvarado had not provided accurate information, the officer noted the social security number in the computer record and returned to Alvarado. The officer asked Alvarado to state his social security number. Alvarado began providing numbers that did not match the numbers the officer had noted, then stopped and said he could not remember the rest.

The officer again returned to his car and noted the address associated with Frank Robert Guerrero. Again returning to Alvarado, he asked him for his address. Alvarado replied that he did not remember what address was listed on his license, but that he lived with his uncle near Golden. The officer repeated the name of the street listed on the computer and asked Alvarado if the street name sounded familiar; he replied “no.”

Noting that the computer record listed Frank Robert Guerrero as a “junior,” the officer asked Alvarado his father’s name. Alvarado replied “George.” After asking Alvarado why the computer listed him as a “junior” if his father’s name was “George,” he replied that the computer must be wrong.

The two officers involved in the stop then searched the vehicle and found stolen property. They arrested Alvarado — still posing as Guerrero — for investigation of theft and theft by receiving. The police later learned Alvarado’s true identity and that there was a warrant out for his arrest.2

The prosecution charged Alvarado with theft by receiving, § 18-4-410, C.R.S. (2002), and criminal impersonation, § 18-5-113(l)(e), C.R.S. (2002). The jury found him guilty of criminal impersonation but not guilty of theft by receiving.

Alvarado appealed his criminal impersonation conviction, arguing that the statute required two acts for conviction, “assuming a false or fictitious identity or capacity” and an additional act from which he intended to gain a benefit. The court of appeals disagreed and affirmed his conviction. We agree with the court of appeals.

II.

Reading section 18-5-113 as a whole we determine that subsection (l)(e) of this statute criminalizes a defendant’s knowing use of a false or fictitious identity or capacity with the intent to unlawfully gain a benefit for himself or another person or to injure or defraud another person. In this case, the defendant utilized another person’s identity to avoid arrest by the police on an outstanding warrant. Accordingly, we uphold the judgment of the court of appeals affirming defendant’s criminal impersonation conviction.

[1207]*1207A.

Standard of Review

The proper construction of a statute is a question of law we review de novo. Hendricks v. People, 10 P.3d 1231, 1235 (Colo.2000). The power to define criminal conduct and to establish the legal components of criminal liability is vested in the General Assembly. Copeland v. People, 2 P.3d 1283, 1286 (Colo.2000). Our fundamental responsibility in construing a statute is to give effect to the General Assembly’s purpose and intent in enacting it. Whitaker v. People, 48 P.3d 555, 558 (Colo.2002).

Typically, a criminal offense involves a proscribed act and a culpable mental state. People v. Hall, 999 P.2d 207, 216 (Colo.2000). When examining a criminal statute, we read its language to identify the proscribed act and the required mental state. See People v. Cross, 127 P.3d 71, 73-74 (Colo.2006). We consider the consequences of a particular construction and avoid constructions that produce illogical or absurd results. Id. at 74.

The elements of an offense may have differing mens rea requirements. People v. Coleby, 34 P.3d 422, 424 (Colo.2001). A statute may set forth a single offense that can be committed in various ways. People v. Weinreich, 119 P.3d 1073, 1076 (Colo.2005).

We conclude that section 18-5-113(l)(e) proscribes one act of criminal impersonation that involves two forms of mens rea.

B.

Criminal Impersonation under Section 18-5-113(l)(e)

Section 18-5-113 defines the crime of criminal impersonation that may be committed in a variety of ways:

(1) A person commits criminal impersonation if he knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity he:
(a)Marries, or pretends to marry, or to sustain the marriage relation toward another without the connivance of the latter; or
(b) Becomes bail or surety for a party in an action or proceeding, civil or criminal, before a court or officer authorized to take the bail or surety; or
(c) Confesses a judgment, or subscribes, verifies, publishes, acknowledges, or proves a written instrument which by law may be recorded, with the intent that the same may be delivered as true; or
(d) Does an act which if done by the person falsely impersonated, might subject such person to an action or special proceeding, civil or criminal, or to liability, charge, forfeiture, or penalty; or
(e) Does any other act with intent to unlawfully gain a benefit for himself or another or to injure or defraud another.

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Bluebook (online)
132 P.3d 1205, 2006 Colo. LEXIS 244, 2006 WL 902594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarado-v-people-colo-2006.