People v. Morera-Munoz
Annotate this CaseA San Francisco police officer investigated a report of a person asleep behind the wheel of a vehicle parked in a lane of travel. Defendant, the vehicle’s sole occupant, was in the driver’s seat, slouched forward with his seat belt fastened. The vehicle was not running but the keys were in the ignition. The officer noticed an odor of alcohol. Defendant denied having had anything to drink. He agreed to take a breath test, which showed blood-alcohol levels of 0.260 percent and 0.266 percent. In addition to DUI charges, defendant was charged with providing false information to a peace officer (Vehicle Code 31, Count 3). At trial, defendant testified that on the night of his arrest he was returning from a party at which he “drank a few beers.” He had departed with a friend, who drove defendant’s vehicle and left him inside with the keys in the ignition. Defendant moved to the driver’s seat, fastened the seat belt, and fell asleep. A jury found defendant guilty of count 3, and not guilty of other counts. The appellate division reversed, finding section 31 facially invalid under the First Amendment because it criminalizes the giving of any false information without regard to materiality, citing the Supreme Court’s 2012 decision, United States v. Alvarez. The court of appeal reinstated the conviction, reasoning that the statute may be construed to include a materiality provision, curing any constitutional deficiencies, and that the error in failing to instruct the jury on materiality was harmless.
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