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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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