General vs Specific

Name: People v. Lucero
Case #: C077666
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/29/2019
  • Categories: Crimes, Elements of Crimes, General vs Specific, Legislation, Statutory Construction

The preparation of declarations containing false statements to be used to obtain injunctive relief constituted the offense of preparing false evidence in violation of Penal Code section 134. Defendant Lucero was convicted of preparing false evidence in the form of…

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Name: Aslam v. Superior Court
Case #: A156628
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 11/08/2019
  • Categories: Areas Constitutional Law, Double Jeopardy, General vs Specific, Legislation, Motion Attacking, Motions Dismiss/Strike, Pleadings, Pretrial Motions, Statutory Construction

Following defendant's successful post-trial Williamson motion to vacate his Penal Code section 115 conviction, prosecution under the more specific statute (Veh. Code, § 20) does not violate double jeopardy even though defendant was acquitted of a separate perjury count. Aslam…

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Name: People v. Montalvo
Case #: C078115
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/20/2019
  • Categories: Evidence, General vs Specific, Insufficiency/Sufficiency of, Legislation

Where defendant impersonated a police officer and stole money from victims, there was insufficient evidence of fear, but the evidence of force was sufficient to support robbery convictions. Montalvo and a female associate, Ortega, posed as undercover officers to commit…

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Name: People v. Joseph
Case #: B285062
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/05/2019
  • Categories: General vs Specific, Legislation

Vehicle Code section 10501, subdivision (a), which prohibits the filing of a false vehicle theft report, preempts a conviction for perjury under Penal Code section 118 based on the same conduct. Joseph was convicted of perjury for falsely declaring to…

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Name: People v. Atkins
Case #: H044999
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/30/2019
  • Categories: General Principles, General vs Specific, Jury Instructions, Legislation, Statutory Construction

A conviction for attempting to deter an executive officer in the performance of his duties (Pen. Code, § 69) requires proof that the defendant knew the person he attempted to deter was an executive officer. A jury convicted Atkins of…

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Name: People v. Henry
Case #: H044626
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/29/2018
  • Categories: General vs Specific, Legislation

Felony false personation conviction reversed where defendant's conduct constituted a violation of a more specific misdemeanor statute. Henry was convicted by a jury of felony false personation (Pen. Code, § 529, subd. (a)(3)) after he gave a friend's name to…

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Name: Hudson v. Superior Court
Case #: E065645
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/24/2017
  • Categories: Defenses, Extraordinary Remedies, General vs Specific, Legislation, Prohibition, Statute of limitations

Prosecution for offering a false instrument (Pen. Code, § 115) precluded where more specific statute (Govt. Code, § 87203) applies to defendant's act of filing a statement of economic interest form that did not fully disclose her property interests. Hudson…

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Name: People v. Brown
Case #: E064318
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/20/2016
  • Categories: General vs Specific, Legislation, Statutory Construction

Inducing falsehood (Pen. Code, § 137) is not a special statute that precludes a conviction for preventing prosecution under Penal Code section 136.1. Brown slashed his ex-girlfriend's tires when she refused to reconcile with him. After he was arrested, he…

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Name: Velasquez v. Superior Court
Case #: B253327
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/17/2014
  • Categories: All Other Crimes, Crimes, General vs Specific, Legislation

Bicyclist was properly charged with recklessly driving a vehicle under Vehicle Code section 23103. Velasquez was under the influence of alcohol when he drove his fixed gear bicycle, which had no brakes, into a pedestrian and seriously injured her. He…

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Name: In re Fernando C.
Case #: A139743
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 06/26/2014
  • Categories: Crimes, Delinquency (602), General vs Specific, Jurisdictional Hearing, Legislation, Lesser-Included Offenses, Preemption

Student charged with fighting on school grounds (Pen. Code, § 415.5, subd. (a)(1)) could not be declared a ward based on the offense of fighting in a public place (Pen. Code, § 415, subd. (1)) because it is not a…

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