State v. Reynua

807 N.W.2d 473, 2011 Minn. App. LEXIS 144, 2011 WL 6015032
Court of Appeals of Minnesota·Decided December 5, 2011·No. No. A10-1946·Published·Cited by 10 cases

Opinion

OPINION

COLLINS, Judge.*

Following a bench trial, appellant was convicted of aggravated forgery, perjury, [475] and two counts of fraudulent certificate of title. Appellant argues that (1) her conduct did not constitute aggravated forgery, (2) federal law preempts state prosecution on the aggravated-forgery and perjury charges involving a federal employment-eligibility verification form, and (3) the state presented insufficient evidence to support convictions on several counts. We affirm in part, reverse in part, and remand.

FACTS

Police executed a search warrant at the Reynua family home in Austin and found a number of documents allegedly providing false identities for various Reynua family members. Police also found documents in the name of “Laura Elena Romero” that police believed had been used by appellant Martha Reynua. Police showed a Minnesota identification card photograph purporting to be that of Romero to Reynua’s sister, who identified it as a photograph of Reynua. A follow-up investigation with Hormel Foods disclosed that “Laura Romero” had been hired there. Police obtained the documents provided to Hormel in the hiring process, including the federal 1-9 employment-eligibility verification form. They also reviewed the title registrations for two vehicles owned by “Laura Romero” that had been obtained in that name by using the Minnesota identification card with Reynua’s photograph.

Reynua was charged with two counts of aggravated forgery in violation of Minn. Stat. § 609.625, subds. 1, 3 (2006); perjury in violation of Minn.Stat. § 609.48, subd. 1 (2006); two counts of fraudulent certificate of title in violation of Minn.Stat. § 168A.30, subd. 1 (2006); and two counts of simple forgery in violation of Minn.Stat. § 609.63, subd. 1(1) (2006). The district court granted in part Reynua’s motion to dismiss; dismissing Count 2, aggravated forgery, and Count 7, simple forgery, both involving a social security card.

Reynua had also sought dismissal of Count 1, aggravated forgery, on the ground that her conduct did not constitute aggravated forgery, and dismissal of all five remaining counts on the ground of federal-law preemption of any use of the 1-9 employment-eligibility form; all of which the district court denied.

At the ensuing bench trial, an Austin police detective testified about the execution of the search warrant, the documents discovered at the Reynua residence, and the seizure of a cell phone that had a message to Reynua from the time of the search-warrant execution warning her to flee. The detective testified that the employee hired as “Romero” did not show up for work at Hormel the day after the search warrant was executed, having called in to claim an emergency.

The detective testified that with the increasing use by employers of electronic verification, particularly the federal government’s E-Verify system, police saw fewer counterfeit identification cards and more cards that were genuine but issued in the name of another person. The detective testified that up to 20 people could have used the “Romero” name and social security number without detection if those uses were dispersed across the country. He testified that he had seen cases in which the same name and social security number had been used four or five times. The detective also testified that he ran the “Romero” social security card number through the computer data base and found “a lady in Texas also associated with the same name and Social Security number.”

[476] A supervisor at Hormel testified that when a person fills out the 1-9 form, he or she has already been hired. The 1-9 form, which is required by federal law to be supported by some form of identification, is filled out on the first day of work. He testified that Hormel then takes a photograph of the new employee. The supervisor confirmed the identification photo taken of the employee who identified herself as Laura Romero. But he could not testify from memory about the “Laura Romero” hiring process, or identify Reynua as the person who had applied as “Laura Romero.”

A deputy registrar in Austin testified about the process for registering motor vehicle titles. He testified that two other people in his office handled the applications, one for a 1994 Jeep and the other for a 1999 Oldsmobile, made in the name of “Laura Romero” and with the identification number shown on the “Romero” Minnesota identification card.

The district court found that the person appearing in court as the defendant Reyn-ua was the same person who applied for work as “Laura Romero.” The court noted that the “Laura Romero” signature on all the documents in evidence was the same, and took judicial notice that Reynua was the person depicted in the photograph on the “Laura Romero” Minnesota identification card, as well as the other documents. The district court found Reynua guilty on all five remaining counts; adjudicated a conviction and stayed imposition of sentence on Count 1, aggravated forgery, Count 3, perjury, Count 4, fraudulent certificate of title, and Count 5, fraudulent certificate of title; and placed Reynua on probation for up to ten years. This appeal followed.

ISSUES

1.Did Reynua’s use of the “Laura Romero” Minnesota identification card constitute aggravated forgery under Minn. Stat. § 609.625, subd. 1(1)?

2. Does federal law preempt any prosecution of Reynua for criminal charges based on the 1-9 federal employment-eligibility verification form?

3. Is the evidence sufficient to support the convictions?

ANALYSIS

Aggravated forgerg

Reynua argues that her conduct in possessing a Minnesota identification card with another person’s name does not constitute aggravated forgery under the applicable statute because an identification card does not create any legal right or privilege but merely establishes the bearer’s identity. We agree.

The statute defining aggravated forgery provides in part:

Whoever, with intent to defraud, falsely makes or alters a writing or object of any of the following kinds ... is guilty of aggravated forgery ...:
(1) a writing or object whereby, when genuine, legal rights, privileges, or obligations are created, terminated, trans-femd, or evidenced,....

Minn.Stat. § 609.625, subd. 1(1) (emphasis added).

A question of statutory interpretation presents a legal issue subject to de novo review. State v. Carufel, 783 N.W.2d 539, 542 (Minn.2010).

The district court denied Reynua’s motion to dismiss Count 1, aggravated forgery, ruling that because a Minnesota identification card is recognized by several statutes as a means of “proper identification,” it “evidences a legal right to identify oneself as the person listed on the card.”

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State v. Reynua, 807 N.W.2d 473, 2011 Minn. App. LEXIS 144, 2011 WL 6015032 (Mich. Ct. App. 2011).

807 N.W.2d 473 (State v. Reynua) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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