Casarez
People v. Casarez
Opinion
Lead Opinion
Kane, J.
*1177 Opinion
Defendant Jose Contreras Casarez was convicted of falsely impersonating his brother during a traffic stop. On appeal, he contends (1) insufficient evidence supported the conviction for false personation, (2) a more specific criminal statute precluded his conviction, (3) the trial court erred in failing to instruct on the lesser included offense of attempted false personation, (4) the trial court abused its discretion by refusing to reduce the offense to a misdemeanor, and (5) the trial court denied defendant’s constitutional rights by failing to hold a hearing to determine his competency. We will reverse.
PROCEDURAL SUMMARY
On March 18, 2010, the Tulare County District Attorney charged defendant with false personation (Pen. Code, § 529, former subd. 2; 1 count 1). The information further alleged that defendant had suffered a prior felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), had served three prior prison terms (§ 667.5, subd. (b)), and was ineligible for probation (§ 1203, subd. (e)(4)).
On May 25, 2010, a jury found defendant guilty as charged. Defendant admitted the special allegations.