People v. Montoya

              No. 2--05--0458 Filed: 5-9-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Winnebago County.
)
Plaintiff-Appellee, ))
No. 03--CF--3689
)
MARIA D. MONTOYA, ) Honorable
) Rosemary Collins,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
Following a stipulated bench trial, defendant, Maria D. Montoya, was convicted of two
counts of identity theft (720 ILCS 5/16G--15(a)(1) (West Supp. 2003)). The trial court sentenced
defendant to 30 months' probation and 100 hours of public service work and imposed a $500 fine.
On appeal, defendant argues that: (1) the evidence is insufficient to sustain her convictions of
identity theft, and (2) she is entitled to a $5 credit against her fine. We affirm defendant's
convictions but modify the sentencing order to reflect the $5 credit.
I. BACKGROUND
On February 18, 2004, defendant was indicted on two counts of identity theft. Count I
alleged that "between February of 2000 and December of 2003 *** defendant knowingly used
personal identifying information of Mona L. Cantu, by using the social security number of Mona
Cantu, to fraudulently obtain money exceeding $10,000 and not exceeding $100,000." Count II