Thompson

A jury convicted defendant of six counts of perjury. (Pen. Code, § 118, subd. (a).) On appeal defendant contends the trial court erroneously instructed that the materiality element of perjury is a question of law for the court to decide. In light of a California Supreme Court decision issued while defendant’s case has been on appeal, People v. Kobrin (1995) 11 Cal.4th 416 [ 45 Cal.Rptr.2d 895 , 903 P.2d 1027 ], this contention is well taken. In the unpublished portion of this opinion, we will reverse for this instructional error.

Defendant also contests the warrantless search of his rented premises. In the published portion of this opinion, we will conclude that a harassment restraining order directing a tenant to stay away from his or her rented premises does not divest the tenant of standing to contest a search of those premises.

Background

Defendant committed each of the six counts of perjury by filling out employment applications for five group home facilities for adolescent boys and one application for a taxi driver permit. In those applications, defendant stated, under penalty of perjury, that he had never been convicted of a crime, when in fact he had five…