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Court split on man’s forgery conviction

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The Indiana Court of Appeals was divided over whether a man who used another person’s Social Security number and a false identification should have been convicted of forgery under a 2005 amendment to the law.

Rafael Bocanegra got a job in 2010 with Keystone RV Co. in Goshen by listing his name as “John Giron” on the application and providing a Social Security number and card that had the name “John Giron” on it. He also had an identification card allegedly issued by Ohio that had the name “John Giron.” When the real John Giron received a letter from the IRS accusing him of not reporting income from Keystone, an investigation showed Bocanegra used Giron’s identification to get the job.

He was charged with and convicted of Class C felony forgery and identity deception as a Class D felony, but he was only sentenced on the forgery conviction.

The majority relied on Lohmiller v. State, 884 N.E.2d 903 (Ind. Ct. App. 2008), to affirm that Bocanegra had intended to defraud his employer and Keystone could suffer potential injury. An amendment in 2005 – enacted after Lohmiller committed her offenses – creates a lesser offense to the Class C felony forgery: counterfeiting. The intent to defraud is not needed to convict one of counterfeiting. The state did not charge Bocanegra with counterfeiting.

While the majority in Rafael Bocanegra v. State of Indiana, 20A03-1108-CR-361, found Bocanegra’s argument that Keystone didn’t sustain any actual injury persuasive, the judges pointed to Indiana decisions after the 2005 amendment that indicate actual injury doesn’t need to be proven to convict of forgery. They ordered that his identity deception conviction be vacated.

Senior Judge Patrick Sullivan dissented, finding there must be an actual injury to prove that Bocanegra committed fraud.

“The fact remains, however, that Bocanegra performed the work for which he was hired and paid. I discern no legally cognizable harm to Keystone from that. One might deduce that by hiring Bocanegra, Keystone was incurring a prospective or possible inquiry and sanctions for hiring an illegal alien,” he wrote. “Nevertheless, such speculative ‘harm’ does not meet the requirement for proof of a legal harm or injury.”

Sullivan would reverse the forgery conviction and leave in place the identity deception conviction.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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