People v. Henry
Annotate this CaseHenry, driving while on probation and with a suspended license, was pulled over after he failed to stop at a stop sign. He told the officer that he did not have his license with him, gave the officer the name of his friend, and signed the citation with that name. The officer suspected the deception and discovered his true identity. Henry was convicted by a jury of felony false personation (Pen. Code 529(a)(3)). He argued that his conviction violated the “Williamson rule,” which prohibits prosecution under a general statute when the conduct at issue is covered under a more specific statute--specifically Vehicle Code section 40504(b), which criminalizes as a misdemeanor the signing of a false or fictitious name on a promise to appear for a traffic citation. The court of appeal reversed, holding that the Williamson rule applies; the legislature intended that the conduct be prosecuted as a misdemeanor under the Vehicle Code.
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