PEOPLE v. GRIFFINI

No. B110418.

76 Cal.Rptr.2d 590 (1998)

65 Cal.App.4th 581

The PEOPLE, Plaintiff and Respondent, v. Anthony Michael GRIFFINI, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

As Modified on Denial of Rehearing July 31, 1998.


Attorney(s) appearing for the Case

Ralph Joseph Novotney, Jr., under appointment by the Court of Appeal, West Hills, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Brad D. Levenson, and Thomas Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.


Certified for Partial Publication.*

MASTERSON, Associate Justice.

A person who makes a material and knowingly false statement in an affidavit is guilty of perjury only if he delivers the affidavit to another person with the intent that it be uttered or published as true. (Pen.Code, §§ 118, 118a, 124.) This case presents the question of whether a declaration (see Code Civ. Proc., § 2015.5) should be treated in the...

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