State v. Esquivel

The issue in these linked cases is whether use of a falsified government document in response to a police request for identification constitutes forgery under RCW 9A.60.020(l)(b). In both cases, defendants presented documents they admit were not authentic. However, the trial court determined that, as a matter of law, the State could not prove their intent to defraud the officers. As to Ramiro Esquivel, two counts of forgery were dismissed. As to Enrique Luna, the trial court refused to find probable cause for issuance of an arrest warrant for forgery. We vacate the orders entered in both…