State v. Allen
New Mexico Court of Appeals
336 P.3d 1007 (2014)
- Written by Rose VanHofwegen, JD
Facts
Christopher Allen (defendant) was charged with stealing the identity of someone living in New Mexico, although he had never set foot there. Allen used the victim’s identity to obtain an Arizona driver’s license, rent cars, and provide booking information when arrested in Georgia. The victim discovered the theft when he tried to get a New Mexico driver’s license, and he also received bills for rental-car charges. Allen moved to dismiss the charges on the ground that the federal and state constitutions required prosecution in a jurisdiction where he committed the crime. The state (plaintiff) countered that the New Mexico venue statute deems a crime to occur where the victim lives. The trial judge did not rely on the venue statute, instead reasoning that the without-authorization element of the crime occurred in New Mexico because that was where the victim did not authorize using his identity. Allen pleaded guilty but reserved his right to appeal on jurisdictional grounds.
Rule of Law
Issue
Holding and Reasoning (Vigil, J.)
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