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Name: People v. Joiner
Case #: F028186
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/07/2000
Subsequent History: Petn. rehg. den. 12/4/00; Petn. rev. den. 2/28/01

A violation of Vehicle Code section 10750, subdivision (a), misdemeanor tampering with a vehicle identification number (VIN), is not a lesser-included offense of section 10802, tampering with a VIN with the intent to misrepresent the identity of the vehicle for the purpose of sale. A violation of section 10802 may occur when the act committed is the falsification of DMV documents or records with the requisite intent, so it is possible to commit a violation of section 10802 without also violating section 10750, subdivision (a). Accordingly, the trial court did not err when it failed to give a lesser-included instruction, sua sponte.