Barba

People v. Barba

Good Law
149 Cal. Rptr. 3d 371·2012 Cal. App. LEXIS 1199·211 Cal. App. 4th 214
Court of Appeal of CaliforniaNovember 20, 2012No. D060457California5,125 words

Opinion

Lead Opinion

Aaron, J.

I.

INTRODUCTION

The People appeal from an order of the trial court dismissing count 1 of the information, which alleged that defendants Saul Barba 1 and Jessica Jean Lofgreen violated Penal Code 2 section 530.5, subdivision (a) by engaging in a check forging scheme in which they cashed stolen checks at multiple check cashing stores. Section 530.5, subdivision (a) makes it unlawful to willfully obtain personal identifying information of another person and use that information for any unlawful purpose. The trial court dismissed this charge *218 on the ground that the evidence presented at the preliminary hearing did not demonstrate that the defendants had portrayed themselves to be anyone other than themselves while participating in the check forging scheme.

The People argue that section 530.5, subdivision (a) does not require that a defendant have personated another individual in using someone else’s personal identifying information, and that the trial court erred in so interpreting the statute and dismissing the charge.

We agree with the People that the trial court erred in interpreting section 530.5, subdivision (a), and reverse the court’s order.

II.

FACTUAL AND…

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