State v. Ochoa-Lara

Goering, J.:

Guadalupe Ochoa-Lara was convicted of two counts of identity theft following a bench trial on stipulated facts. Ochoa-Lara argues on appeal that the charges should have been dismissed by the district court because the Immigration Reform and Control Act (IRCA) preempts state prosecution for identity theft based on the unlawful use of another person s Social Security number. Ochoa-Lara also argues that the charges were multiplici-tous. We find that the IRCA does not preempt state prosecution for identity theft. We further find that Ochoa-Lara failed to raise the issue of…