Smith's Criminal Case Compendium
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State v. Miles, ___ N.C. App. ___, 833 S.E.2d 27 (Aug. 20, 2019)
When the defendant was treated at the hospital for gunshot wounds he sustained in his altercation with the victim, he provided another person’s name, date of birth, and address. A warrant for his arrest was issued under this false identity, and he was subsequently charged with identity theft. The trial court instructed the jury that a person’s name, date of birth, and address “would be personal identifying information” under the identity theft statute.
G.S. 14-113.20 sets forth fourteen examples of “identifying information,” none of which specifically reference the appropriation of a person’s name, date of birth, and address. A catch-all category incorporates “[a]ny other numbers or information that can be used to access a person’s financial resources.” The court rejected the notion that identifying information under the identity theft statute includes only the types of information listed by example. It also concluded that even if the list was exclusive, the defendant’s use of another person’s name, date of birth, and address would fall under the catch-all category. Thus, the court found no error in the trial court’s jury instruction.