Allman v. People

Summary

The Colorado Supreme Court held that identity theft under section 18-5-902(1)(a), C.R.S., is not a continuing offense, permitting separate sentencing for multiple identity-theft convictions. The court also held that the identity-theft and forgery convictions were not supported by identical evidence and therefore did not require concurrent sentences. However, it held that a court may not impose imprisonment for some offenses and probation for others in the same case, and remanded for resentencing.

Holdings

1. Identity theft by use under section 18-5-902(1)(a), C.R.S. (2019), is not a continuing offense. Each act of putting another person's identifying information into service to obtain value or make a financial payment is a separate, discrete offense.
2. Concurrent sentences were not required for Allman's identity theft and forgery convictions because the convictions were based on separate acts and evidence that was not identical.
3. When sentencing a defendant for multiple offenses in the same case, a court may not impose imprisonment for some offenses and probation for others.

Questions Presented

1. Whether identity theft by use under section 18-5-902(1)(a), C.R.S. (2019), is a continuing offense requiring multiple convictions to merge for sentencing.
2. Whether Allman's identity theft and forgery convictions were supported by identical evidence requiring concurrent sentences under section 18-1-408(2)-(3), C.R.S. (2019).
3. Whether a court may impose imprisonment for some offenses and probation for others when sentencing a defendant for multiple offenses in the same case.

Disposition

reversed_and_remanded