People v. Murphy

Defendant, Melissa Kay Murphy, submitted a false report to a deputy sheriff, stating that her vehicle had been stolen. We granted review to decide whether defendant’s felony conviction under a general statute governing the offering of a false instrument for filing in a public office (Pen. Code, § 115, subd. (a)) is precluded by special statutes in the Vehicle Code that make it a misdemeanor to make or file a false report of vehicle theft (Veh. Code, § 10501, subd. (a)) or to file a false statement with the Department of Motor Vehicles (Veh. Code, § 20). We conclude the Legislature intended that defendant’s conduct be prosecuted as a misdemeanor under Vehicle Code section 10501 and not under the more general statute.

I. Facts and Procedure

As relevant to the issues presented here, the facts are as follows: A San Bernardino County Sheriff’s deputy discovered defendant’s Chevrolet Malibu crashed into a hillside. Based on the license plate number, the officer obtained the owner’s name and address and went to defendant’s home to inquire about the vehicle. Defendant told the officer that the car had been stolen, and the officer completed a stolen vehicle report on California…