People v. Shamim CA1/4

I.

INTRODUCTION

A jury found appellant Mohammed Shamim guilty of vehicular flight from police and of making a false crime report. On appeal appellant challenges only his conviction for making a false crime report under Penal Code section 148.5, subdivision (a). He contends that the statute violates his First Amendment rights, and that his conviction under the false crime report statute is preempted by a special statute in the Vehicle Code that penalizes filing a false report relating to the theft of a vehicle. We conclude that appellant’s First Amendment claim has been forfeited, and that his prosecution under the Penal Code for making a false report was not precluded by the Vehicle Code. Accordingly, we affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUNDS

The San Mateo District Attorney’s Office filed a two-count complaint charging appellant with one felony count of driving in willful and wanton disregard of public

1 safety while fleeing from police in violation of Vehicle Code section 2800.2, and one misdemeanor count of making a false crime report to a peace officer in violation of Penal Code section 148.5, subdivision (a)(1). The complaint alleged three prior convictions and a…