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Name: People v. Murphy
Case #: E046742
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/28/2009
Subsequent History: rev. granted 4/21/10 (S180181)

Under the preemption doctrine, prosecution under a general criminal statute with a greater punishment is prohibited if the Legislature has enacted a specific statute covering the same conduct, with the intent that the specific statute governs. To determine whether the preemption doctrine governs, prosecution under the general statute will be prohibited if (1) each element of the general statute corresponds to an element on the face of the specific statute or (2) it appears from the statutory context that a violation of the specific statute will generally and commonly result in a violation of the general statute. Usually, an overlap of provisions is determinative of legislative intent and will require that the special provision be given effect. Here, the court rejected appellant’s argument that Vehicle Code sections 20 or 10501 preempted Penal Code section 115, subdivision (a), so that her conviction of 115 could not stand. The elements of sections 20 and 10501 do not correspond to section 115 and a conviction of the general does not result in a conviction of the specific.