Felix Montes-Rodriguez, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that using another person's Social Security number on a loan application did not establish either a false legal capacity or a false identity under the criminal-impersonation statute because the defendant otherwise applied in his own name and supplied accurate identifying information. The prosecution therefore failed to present sufficient evidence of an essential statutory element, requiring reversal of the conviction and entry of a judgment of acquittal. Justice COATS, dissenting and joined by Justices RICE and EID, would have treated the deliberate use of another person's Social Security number in a credit transaction as assuming a false identity for purposes of obtaining credit.