Flores

A jury found appellant, Alfred Gilbert Flores, guilty of committing perjury in an application for a duplicate driver’s license. (Pen. Code, § 118.) He appeals from his conviction claiming the trial court erred in refusing an instruction which would have prevented the jury from finding him guilty unless they also found the application containing the false statements was an application for an original driver’s license. Appellant also contends there was no legally competent evidence to support his conviction because the application he signed under penalty of perjury which formed the basis of his conviction lacked both the place and date of execution. We affirm.

Facts and Proceedings Below

Appellant first obtained a driver’s license in the name of Gilbert Flores in 1966 or 1967. He renewed this license several times. He then obtained a driver’s license in the name of Albert Gilbert Flores in 1973 and also renewed it several times. Appellant used these licenses interchangeably throughout the years.

On June 10, 1988, the Department of Motor Vehicles (DMV) issued driver’s license No. N4174022 to appellant in the name Albert Gilbert Flores. On February 5, 1991, the DMV issued…