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I have some questions regarding charging / proving identity theft.

I have the following items under 32.51:
1.Person A – name and DL #
2.Person A – name and checking account number and bank routing number
3.Person B – name and DL #
4.Person B – name and checking account number and bank routing number
5.Person C – Name and DOB
6.Person C – DL#
7.Person D - Name and DOB
8.Person D – DL#
9.Person E – name and DL#
10.Person F –DL#
11.Person G – DL #

My questions are thus:
1.Are each of these “items” within the meaning of 32.51 even though there are multiple items from the same person?
2.Are checking account numbers and routing numbers “one” item or “two” items if they are on the same document (a fake check)
3.At trial when I read the indictment, may I strike an item if I decide I can’t prove it? As long as I can still prove 10 or more, I’m within 2nd degree range.
4.What about at trial if I decide I can only prove less than ten items. May I strike out items I don’t think I can prove (making it a 3rd degree)?
5.What would a jury charge look like in these scenarios?

I’m under a time crunch to get these answers, so I appreciate whatever help or advice you can give!
 
Posts: 95 | Location: Granbury, Texas | Registered: August 24, 2007Reply With QuoteReport This Post
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