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State v. Ray11/22/1999
nding Ray's argument to the contrary, this is precisely the kind of conduct the Legislature intended to prohibit when it made the false endorsement of a public instrument of this nature a serious crime. Ray acted with the intent to deceive the government, and he falsely signed a public record or instrument required to be filed with a public office. All of the elements of the crime of aggravated forgery are established by the stipulations of the parties.
Finally, Ray argues that charging him with a Class B crime for his actions is so disproportionate to the act itself as to deprive him of due process. He points to the availability of an alternate charge, failure to give correct name, see 29-A M.R.S.A. § 105(4) (1996 & Supp. 1998), which is a Class E offense. We disagree with his assessment of the serious nature of his act.
When a defendant not only fails to identify himself to the officer but also affirmatively provides the name and identifying information of another individual and signs the document with that false name, the State acts within its discretion when it charges the more serious crime. "It is well established that a reasonable prosecutorial discretion in the enforcement of criminal laws is inherent in our criminal Justice system . . . ." State v. Heald, 382 A.2d 290, 301 (Me. 1978); see also State v. Raymond, 1999 ME 126, § 9, 737 A.2d 554, 556.
Ray's actions in providing a false name on the Uniform Summons and Complaint could have led to very serious consequences. The person whose name has been given falsely may be subject to a license suspension, detention, or even arrest. Conduct that places another person at such risk should not be treated lightly. Moreover, the defendant, by his actions, placed himself in a position to avoid responsibility for addressing the charges against him. These actions are not insignificant, and the court did not err in denying the defendant's motion to acquit.
The entry is:
Judgment affirmed.
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