Bustamante
People v. Bustamante
Opinion
Opinion
Ito, J.
Dueling Penal Code Sections
The California Legislature enacted Penal Code section 113 (misdemeanor section 113), signed by the Governor on September 15, 1994, filed with the Secretary of State on September 16, 1994, and effective on November 30, 1994:
On November 8, 1994, the voters passed Proposition 187, which became effective November 9, 1994. This initiative created a second section 113 (felony section 113):
Procedural History
Appellant Julio C. Bustamante (Bustamante) was charged by way of information with two counts: violations of sections 113, “False Government Documents Activity,” and 12021, subdivision (a)(1), felon in possession of a firearm. The information as to Penal Code section 113 read as follows: “On or about May 8, 1996, in the County of Los Angeles, the crime of False Government Documents Activity, in violation of Penal Code Section 113, a Felony, was committed by . . . Jose Garcia Cabrera .... who did willfully and unlawfully manufacture and sell false government documents, to wit: drivers license, social security, immigration and etc. with the intent to conceal the true citizenship and resident alien status of another person.” (Italics…