People v. Vasquez CA5

INTRODUCTION

On January 29, 2014, a jury convicted appellant Tony Vazquez of a misdemeanor count of false identification to a peace officer (Pen. Code, § 148.9, subd. (a),1 count 4). The jury acquitted appellant of possession of metal knuckles (§ 21810, count 1) and misdemeanor possession of a smoking device (Health & Saf. Code, § 11364.1, count 3).2 On February 27, 2014, appellant was placed on probation for three years. Appellant contends, and respondent concurs, that there was insufficient evidence that appellant committed the offense of providing false identification to a peace officer. We agree with the parties and reverse the judgment of the trial court.

FACTS

Ridgecrest Police Officer Cory Ballestero arrived at a Taco Bell located on North China Lake Boulevard on March 18, 2013. It was 5:00 p.m. Appellant was entering the driver’s side of a white Honda with his left hand on top of the door and his right hand on the steering wheel. Appellant was with a woman named Cassey Fuller. Antonio Lopez, Brandy Martinez, and Joseph Vazquez were in a white Nissan parked one or two spaces from appellant. Officer Bockhohn arrived at the parking lot in another patrol car. Officer…