State v. Horton

ALLEN, J. pro tempore, dissenting.

*71Defendant was convicted, on stipulated facts, of identity theft under ORS 165.800. That statute provides: "A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts *35to the person's own use the personal identification of another person."

The majority concludes that the evidence was insufficient to find that defendant intended to "defraud" anyone.1 Because I interpret the meaning of defraud in a manner different from the majority, and because I believe the…