Henry

People v. Henry

Good Law
239 Cal. Rptr. 3d 483·28 Cal. App. 5th 786
Court of Appeal of CaliforniaOctober 29, 2018H044626California4,348 words

Opinion

Lead Opinion

Premo, J.

*789 Defendant Angelo Amir Henry was convicted by a jury of felony false personation ( Pen. Code, § 529, subd. (a)(3) ) 1 after he gave a friend's name to a police officer at a traffic stop and signed a citation with that name. On appeal, he argues that his conviction under section 529, subdivision (a)(3) violates the " Williamson rule" ( In re Williamson (1954) 43 Cal.2d 651 , 276 P.2d 593 ( Williamson ) ), which prohibits prosecution under a general statute when the conduct at issue is covered under a more specific statute. The specific statute at issue here is Vehicle Code section 40504, subdivision (b), which criminalizes as a misdemeanor the signing of a false or fictitious name on a promise to appear for a traffic citation. We agree that the Williamson rule applies and infer the Legislature intended that defendant's conduct be prosecuted as a misdemeanor under Vehicle Code section 40504, subdivision (b). We reverse the judgment.

BACKGROUND

1. Case No. SS120317A

On October 17, 2013, defendant pleaded no contest to a charge of assault with a *485 firearm (§ 245, subd. (a)(2) ). On January 17, 2014, the trial court suspended imposition of sentence and placed defendant on…

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