Chardon

People v. Chardon

Good Law
1999 Cal. App. LEXIS 1118·77 Cal. App. 4th 205·91 Cal. Rptr. 2d 438·99 Daily Journal DAR 10076·99 Cal. Daily Op. Serv. 10076
Court of Appeal of CaliforniaDecember 27, 1999H018981California4,337 words

Opinion

Opinion

Mihara, J.

Defendant was granted probation after she was convicted by jury trial of felony false personation (Pen. Code, § 529) and misdemeanor driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). On appeal, she claims that (1) the evidence was insufficient to support the felony conviction, (2) the felony conviction was improper because Vehicle Code section 40504, subdivision (b) is a special statute which governs over the more general Penal Code section 529, (3) the misdemeanor count was barred by the statute of limitations, (4) the court erred in imposing penalty assessments and (5) the court abused its discretion in imposing a probation search condition. We affirm.

Facts

Defendant’s driver’s license was suspended in December 1988. On June 26, 1996, California Highway Patrol (CHP) Officer Dean Deascentis detained a burgundy-colored Honda with the license plate No. 2UVV327 after observing the Honda travelling down Highway 280 at a speed of 95 miles per hour. Defendant was driving the Honda. Deascentis asked defendant for her identification, registration and insurance information. She claimed that she did not have her license with her or any registration information…

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