Suk

People v. Suk

Good Law
1990 Cal. App. LEXIS 514·220 Cal. App. 3d 952·269 Cal. Rptr. 676
Court of Appeal of CaliforniaMay 23, 1990B033455California3,016 words

Opinion

Opinion

Danielson, J.

Johnny Suyny Suk (defendant) appeals from a judgment of conviction following a jury trial at which he was found guilty as charged in a one count information of violating Vehicle Code section 10752 which prohibits the sale or offer to sell, with intent to defraud, of a manufacturer’s serial or identification number (VIN) from or for a vehicle.

We affirm the judgment.

In this decision we hold that (1) Vehicle Code section 10752 is not unconstitutional for vagueness nor for overbreadth, and (2) the court did not err in ordering the information to be amended for a defect after the prosecution had rested since the defendant was not prejudiced thereby.

Procedural Statement

Vehicle Code section 10752 provides, in pertinent part: “(a) No person shall, with intent to prejudice, damage, injure, or defraud, acquire, possess, sell, or offer for sale any genuine or counterfeit manufacturer’s serial or identification number from or for, or purporting to be from or for, a vehicle or component part thereof.”

Defendant and another were charged in an information which read: “On or about March 11, 1987, in the County of Los Angeles, the crime of Possession/sale of Counterfeit VIN…

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