Stacy

People v. Stacy

Good Law
108 Cal. Rptr. 3d 312·183 Cal. App. 4th 1229·2010 Cal. App. LEXIS 518
Court of Appeal of CaliforniaApril 14, 2010C060673California2,461 words

Opinion

Opinion

Nicholson, J.

Sentenced to three years in state prison for false personation (Pen. Code, § 529), driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood-alcohol content exceeding 0.08 percent (Veh. Code, § 23152, subd. (b)), and driving with a suspended license (Veh. Code, § 14601.2, subd. (a)), defendant Mirya Lynn Stacy appeals her conviction. On appeal, defendant claims there was insufficient evidence to convict her of false personation, instructional error, and the trial court abused its discretion in refusing to reduce her false personation conviction to a misdemeanor. For the reasons discussed below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2008, off-duty Sacramento County Sheriff’s Detective Todd Cooler was driving eastbound on Interstate 80 in an unmarked vehicle when he saw a Buick driving abnormally slow (approximately 40 miles per hour). Detective Cooler followed the Buick and saw it drift into the center of the interstate where the tires hit the “concrete divider” and came at least one foot off the roadway. The Buick then “veered to the right” and exited the interstate traveling at less than five miles per hour.

Detective…

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