STATE v. DIAZ-REY

No. ED 98848.

397 S.W.3d 5 (2013)

STATE of Missouri, Plaintiff/Appellant, v. Pablo Gilberto DIAZ-REY, Defendant/Respondent.

Missouri Court of Appeals, Eastern District.

April 2, 2013.


Attorney(s) appearing for the Case

Chris Koster , Attorney General, Daniel N. McPherson , Assistant Attorney General, Jefferson City, MO, for appellant.

Tom K. O'Loughlin II , O'Loughlin, O'Loughlin & Koetting, L.C., Cape Girardeau, MO, for respondent.


KATHIANNE KNAUP CRANE, Presiding Judge.

The circuit court granted defendant's motion to dismiss the information charging defendant with forgery in violation of section 570.090 RSMo (2000),1 based on the use of a false social security number on an employment document, on the ground that the prosecution was preempted by the federal Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a. We reverse the circuit court's dismissal...

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