People v. Casarez
138 Cal. Rptr. 3d 178
Cal. Ct. App.2012Background
- Defendant Jose Contreras Casarez was charged with false personation under former Penal Code § 529, subd. 2, based on impersonating his brother during a traffic stop.
- Officer Verissimo recognized defendant from a wanted flyer and tattoos after defendant identified himself as Tony Contreras.
- Defendant admitted the birth certificate found was his brother’s and had been taken to aid in avoiding arrest on an active warrant.
- The birth certificate presented by defendant was not used to create or execute a written instrument of plaintiff’s name; it was offered as proof of identity.
- The trial court convicted defendant and imposed a five-year prison term, which this court later reverses as legally insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for § 529 false personation | Casarez committed additional act beyond impersonation | Only impersonation occurred; no valid additional act | Insufficient evidence; reversal of conviction |
| Whether former § 529 subdivision 2 requires a separate act beyond impersonation | Birth certificate usage satisfies additional act | Act was part of providing false identity, not an additional act | Birth certificate was not a valid additional act; reversal warranted |
| Applicability of former § 529 subdivision 3 vs subdivision 2 | Subdivision 2 governs acts beyond impersonation | Subdivision 3 could apply but not proven here | Subclass 2 not satisfied; conviction reversed |
| Mootness of other issues given reversal | Other issues moot upon reversal | ||
| Competency hearing claim | Defendant’s rights were violated by lack of competency hearing | Moot since conviction reversed |
Key Cases Cited
- People v. Maurin, 77 Cal.436 (1888) (insufficient evidence under former § 529(2) when not impersonating another)
- People v. Cole, 23 Cal.App.4th 1672 (1994) (birth date/middle name not separate acts to elevate § 529 from misdemeanor)
- People v. Chardon, 77 Cal.App.4th 205 (1999) (additional act beyond impersonation via publication/verification of instrument)
- People v. Stacy, 183 Cal.App.4th 1229 (2010) (additional acts beyond false identification can elevate to § 529)
- Lee v. Superior Court, 22 Cal.4th 41 (2000) (impersonation of deceased persons within § 529's scope)