People v. Henry

239 Cal. Rptr. 3d 483, 28 Cal. App. 5th 786
California Court of Appeal, 5th District·Decided October 29, 2018·No. H044626·Published·Cited by 12 cases

Opinion

Premo, J.

*789Defendant Angelo Amir Henry was convicted by a jury of felony false personation ( Pen. Code, § 529, subd. (a)(3) )1 after he gave a friend's name to a police officer at a traffic stop and signed a citation with that name. On appeal, he argues that his conviction under section 529, subdivision (a)(3) violates the " Williamson rule" ( In re Williamson (1954) 43 Cal.2d 651, 276 P.2d 593 ( Williamson ) ), which prohibits prosecution under a general statute when the conduct at issue is covered under a more specific statute. The specific statute at issue here is Vehicle Code section 40504, subdivision (b), which criminalizes as a misdemeanor the signing of a false or fictitious name on a promise to appear for a traffic citation. We agree that the Williamson rule applies and infer the Legislature intended that defendant's conduct be prosecuted as a misdemeanor under Vehicle Code section 40504, subdivision (b). We reverse the judgment.

BACKGROUND

1. Case No. SS120317A

On October 17, 2013, defendant pleaded no contest to a charge of assault with a *485firearm (§ 245, subd. (a)(2) ). On January 17, 2014, the trial court suspended imposition of sentence and placed defendant on three years' probation.

2. Case No. MS338702A

On April 13, 2016, defendant pleaded no contest to a misdemeanor charge of driving with a suspended license ( Veh. Code, § 14601.1, subd. (a) ). He was placed on three years' probation. On April 22, 2016, defendant admitted a probation violation in case No. SS120317A due to his conviction in case No. MS338702A.

*7903. Case No. SS160618A2

a. The Complaint and Information

On April 15, 2016, the Monterey County District Attorney's office filed a complaint charging defendant with false personation, a felony ( § 529, subd. (a)(3) ), driving with a suspended license, a misdemeanor ( Veh. Code, § 14601.1 ), and failing to stop at a stop sign, an infraction ( Veh. Code, § 22450, subd. (a) ). The district attorney also filed an information alleging defendant had four prior strike convictions (§ 1170.12, subd. (c)(1) ). The case was tried before a jury.

b. The Trial

On March 22, 2016, Monterey Airport Police Officer Alfred Porter stopped a car after it failed to stop at a stop sign. The driver, later identified as defendant, gave Porter a copy of a rental car agreement and said he did not have his driver's license with him. Defendant told Porter that his name was Ismael Pugh, and his birthdate was April 17, 1996. Porter relayed this information over the radio to police dispatch, which reported back that Pugh had a "clear and valid driver's license." Porter wrote defendant a citation under Pugh's name for driving without a license, and defendant signed the citation with Pugh's name and provided a thumbprint. Porter suspected defendant had not given him the correct name, so he asked a person in a car that was following defendant's car for defendant's name. The person in that car told Porter that defendant's name was Angelo Henry.

A subsequent investigation confirmed that defendant's name was Angelo Henry, and Ismael Pugh was the name of one of defendant's friends. Defendant told Officer Porter that he had a suspended license, which is why he had given Porter a different name during the traffic stop. During his trial, defendant explained that he was on probation when he was stopped by Porter, and he was worried he would be sent to prison if he gave his real name.

c. The Verdict

On January 31, 2017, the jury found defendant guilty of false personation and driving with a suspended license. The trial court found three of the four prior strike convictions true. Due to the charges in case No. SS160618A, the court found defendant had violated his probation in case Nos. SS120317A and MS338702A.

*7914. Sentencing

On April 7, 2017, defendant was sentenced to a total term of seven years in prison. In case No. SS160618A, the court sentenced defendant to the upper term of three years, which was doubled due to his prior strike convictions. In case No. SS120317A, the court revoked defendant's probation and imposed a consecutive one-year *486term. In case No. MS338702A, the court terminated probation and sentenced defendant to 180 days in county jail with credit for 180 days already served.

DISCUSSION3

On appeal, defendant's sole argument is that his conviction of false personation under section 529, subdivision (a)(3) violates the Williamson rule ( Williamson , supra , 43 Cal.2d 651, 276 P.2d 593 ), which prohibits prosecution under a general statute when the conduct at issue is prohibited under a more specific statute. Defendant argues his conduct should have been charged as a misdemeanor under Vehicle Code section 40504, subdivision (b), which criminalizes the signing of a false or fictitious name on a promise to appear for a traffic citation.

1. The Williamson Rule

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People v. Henry, 239 Cal. Rptr. 3d 483, 28 Cal. App. 5th 786 (Cal. Ct. App. 2018).

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