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Name: People v. Lucero
Case #: C077666
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/29/2019

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 signed declarations (Pen. Code, § 134) to be used in court in support of her request for injunctive relief to halt a petition drive to recall her from her position as a city council member in Shasta Lake. On appeal she argued that a declaration containing a false statement is not a "false or ante-dated book, paper, record, instrument in…

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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

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 submitted a document containing false statements to the DMV. He was convicted of offering a false document (Pen. Code, § 115, subd. (a)), but acquitted of perjury (Pen. Code, § 118, subd. (a)). After the trial, Aslam moved to vacate his section 115 conviction, arguing that under In re Williamson (1954) 43 Cal.2d 651, the prosecution was required to charge…

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Name: People v. Montalvo
Case #: C078115
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/20/2019

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 robberies. In one, using fake guns and badges, the defendants took money from a couple in a motel. In another, pretending to be on a prostitution sting operation, they took property from a man who had solicited Ortega for sex. Montalvo was convicted of the robberies and other crimes. On appeal he argued the victims complied with his demands because…

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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

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 police that his car had been stolen and other offenses. He appealed, arguing his perjury conviction must be reversed because Vehicle Code section 10501 preempts the perjury statute. Held: Reversed. Penal Code section 118 prohibits making a materially false declaration under penalty of perjury. Vehicle Code section 10501, subdivision (a) prohibits filing a fraudulent claim of vehicle theft with a…

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Name: People v. Atkins
Case #: H044999
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/30/2019

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 attempting to deter and resisting an executive officer in the performance of his duties. In response to a jury question whether the offense required proof that Atkins knew the person he attempted to deter was an executive officer, the trial court responded no. On appeal, he challenged the jury instruction and the trial court's response to the jury's question. Held:…

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Name: People v. Henry
Case #: H044626
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/29/2018

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 a police officer at a traffic stop and signed a citation with that name. Henry appealed, arguing that his conviction violated the Williamson rule (In re Williamson (1954) 43 Cal.2d 651), which prohibits prosecution under a general statute when the conduct at issue is covered under a more specific statute. Held: Reversed and remanded. The Williamson rule applies when (1)…

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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

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 was the secretary of the board of directors for the Palo Verde Healthcare District. Among other offenses, a grand jury indicted Hudson for five felony counts of offering a false instrument (Pen. Code, § 115) for failing to list her husband's property on an annual economic interest form (Form 700). Hudson moved to dismiss the indictment on various grounds, including…

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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

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 called her threatening to kill her unless she called the police and recanted. A jury convicted Brown of witness intimidation (Pen. Code, § 136.1) and other offenses. He appealed, arguing that he could not be convicted under section 136.1, which is a serious felony, because it is a general statute and section 137, which is not a serious felony, is…

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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

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 was charged with reckless driving causing an injury, and moved to dismiss the complaint on the ground that a bicycle is not a "vehicle" for purposes of the statute. The magistrate denied the motion. Velasquez subsequently moved to set aside the Information which charged reckless driving causing injury (Veh. Code, §§ 23103 & 23105, subd. (a)). The trial court denied…

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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

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 lesser included offense. After minor Fernando engaged in a fistfight at school with another student, the People filed a Welfare and Institutions Code section 602 petition alleging that he had fought on school grounds in violation of section 415.5, subdivision (a)(1). Finding that this offense did not apply to a student enrolled at the school (Pen. Code, § 415.5, subd.…

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