State v. Armstrong
Court of Appeals of Iowa · 2010-06-30 · cited 27×
In State v. Armstrong, the defendant was charged with identity theft after providing a false name, date of birth, and social security number belonging to his brother when questioned by police about underage drinking, which led to his arrest on an outstanding warrant. Following a bench trial, the district court convicted him under Iowa Code section 715A.8, and he appealed arguing insufficient evidence because he sought no financial benefit and that his counsel was ineffective for not challenging the statute as vague or overbroad. The Iowa Court of Appeals held that the statute's reference to "benefit" encompasses any advantage, including avoiding arrest, so substantial evidence supported the conviction; it further concluded the law was not unconstitutionally vague as applied and thus counsel had no duty to raise that challenge. The court affirmed the conviction in relevant part, reversed on other grounds, and remanded.