Guion

Following an automobile accident, one of the drivers, appellant Dellreitta Guión, identified herself to the investigating officer as Jean Haile and arranged to have her son bring a driver’s license in Haile’s name to the scene. Guión then presented that license to the officer. Later that day, Guión admitted she had lied and revealed her true name. Based on these facts, a jury convicted Guión of felony false personation (Pen. Code, § 529, former subd. 3) (former section 529(3)). 1 A search of Guión’s apartment conducted several days after she falsely identified herself produced evidence that led to her conviction of two additional charges, possession of a controlled substance (Health & Saf. Code, § 11350), and unlawful acquisition of personal identifying information (Pen. Code, § 530.5, subd. (c)(1)) (section 530.5(c)(1)). Guión appeals from the judgment of conviction, challenging the trial court’s denial of her motion for a trial continuance, the trial court’s instructions to the jury on the identity theft charge (§ 530.5(c)(1)), and the sufficiency of the evidence to support her conviction for false personation (former § 529(3)).

In the published portion of this…

I concur in the majority’s reversal of Dellreitta Guión’s conviction under Penal Code section 530.5, subdivision (c)(1) 1 and its rejection of Guión’s claim that she was improperly denied a continuance of her trial date. I respectfully dissent from the majority’s reversal of Guión’s conviction under section 529, former subdivision 3 (former section 529(3)) 2 because I disagree with the majority’s interpretation and application of the statute.

Former section 529 provided: “Every person who falsely personates another in either his private or official capacity, and in such assumed character either: [f] 1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; [j[] 2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true; or, [][] 3. Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party…