People v. Sanchez

Defendant was convicted of identity theft of "credit, money, goods, services, or other property", from her use of a social security number that was not hers to qualify for a job which she held for 17 months. No evidence was presented showing that Defendant knew that the number belonged to another person, which is the requisite mens rea for identity theft, and thus her conviction cannot be sustained. Under language of indictment, possessing a fraudulent identity card is not a lesser included offense of identity theft, and thus court cannot substitute a conviction on proposed lesser included offense of possessing a fraudulent ID card, but must reverse conviction outright. (HUTCHINSON, concurring; BIRKETT, dissenting.)