Commonwealth v. Goss

While I concur with the reinstatement of Goss’s conviction for identity theft relating to her daughter and the reversal of Goss’s conviction for identity theft relating to her ex-husband, I dissent from that portion of the majority’s opinion declining to remand to the trial court for Goss to be retried for identity theft related to her ex-husband on a theory of check fraud.

The majority concludes, and I agree, that Goss’s conviction of identity theft related to her ex-husband must be reversed due to her being charged, in part, under a theory of credit card fraud, which is not under the purview…