Rathert

I concur in the judgment affirming defendant’s conviction of second degree burglary (Pen. Code, § 459), which was tried on the theory that he entered a store with the intent to commit a felony offense, falsely impersonating another for gain (Pen. Code, § 529, par. 3). 1 Together with his companion, Cherise Hartley, defendant went to a supermarket, where he attempted to pass himself off to store personnel as one Chris Laughrey, the father of Hartley’s child, in order to cash a check made out to, and endorsed with the name, Chris Laughrey.

As relevant here, the crime of burglary entails entering a store with the specific intent to commit therein “any felony.” (§ 459.) A trial court in instructing on burglary must advise the jury “which acts the defendant, upon entry, may have intended to commit [that] would amount to [a] felon[y].” (People v. Failla (1966) 64 Cal.2d 560, 564 [ 51 Cal.Rptr. 103 , 414 P.2d 39 ], italics added.) Here, the trial court instructed the jury that to convict defendant of burglary it had to find that “[a]t the time of entry, . . . [he] had the specific intent to commit the crime ... of false personage of another.” The court further instructed that “[e]very…

I agree with the majority’s conclusion that Penal Code section 529, paragraph 3, 1 does not require “an intent to subject the impersonated individual to liability for suit or prosecution, or to secure a benefit for any person.” (Maj. opn., ante, at p. 202.) I also concur with its disposition. The majority, however, does not adequately define the mental state required for the crime of false personation and, in failing to do so, further obfuscates the standards for determining the mental element of a crime. I therefore write separately to clarify the mental state required for the crime of false personation. In the process, I reject the specific intent/general intent framework and propose an alternative approach.

I.

The concepts of specific and general intent “ ‘evolved as a judicial response to the problem of the intoxicated offender’ and the availability of voluntary intoxication as a defense.” {People v. Hering (1999) 20 Cal.4th 440, 445 [ 84 Cal.Rptr.2d 839 , 976 P.2d 210 ] (Hering), quoting People v. Hood (1969) 1 Cal.3d 444, 455 [ 82 Cal.Rptr. 618 , 462 P.2d 370 ] (Hood).) In Hood, supra, 1 Cal.3d at pages 456-457, we formulated the standard definitions of specific and…

In this case we define the mental state necessary to violate Penal Code 1 section 529, paragraph 3 (hereafter sometimes paragraph 3), prohibiting false personation. The Court of Appeal held the statute requires an intent to subject the impersonated individual to liability for suit or prosecution, or to secure a benefit for any person. It therefore reversed defendant’s burglary conviction, which was predicated on entry with the intent to commit the underlying felony of false personation, because the pertinent jury instruction prejudicially omitted the required intent element.

We conclude section 529, paragraph 3, by its terms, is violated when one intentionally falsely personates another and, in such assumed character, does any act that might cause the liability or benefit described in the statute. Paragraph 3, in other words, requires the existence of no state of mind or criminal intent beyond that plainly expressed on the face of the statute. Accordingly, we reverse the decision of the Court of Appeal.

Facts

About 9:35 p.m. on March 22, 1996, defendant entered a Lucky supermarket in Rancho Palos Verdes. He approached store clerk Carlos Mariscal with a check and a…

In this case we define the mental state necessary to violate Penal Code [1] section 529, paragraph 3 (hereafter sometimes paragraph 3), prohibiting false personation. The Court of Appeal held the statute requires an intent to subject the impersonated individual to liability for suit or prosecution, or to secure a benefit for any person. It therefore reversed defendant's burglary conviction, which was predicated on entry with the intent to commit the underlying felony of false personation, because the pertinent jury instruction prejudicially omitted the required intent element.

We conclude section 529, paragraph 3, by its terms, is violated when one intentionally falsely personates another and, in such assumed character, does any act that might cause the liability or benefit described in the statute. Paragraph 3, in other words, requires the existence of no state of mind or criminal intent beyond that plainly expressed on the face of the statute. Accordingly, we reverse the decision of the Court of Appeal.

About 9:35 p.m. on March 22, 1996, defendant entered a Lucky supermarket in Rancho Palos Verdes. He approached store clerk Carlos Mariscal with a check and a…