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PEOPLE v. RIZO

No. B114174.

82 Cal.Rptr.2d 544 (1999)

The PEOPLE, Plaintiff and Respondent, v. Jose RIZO et al., Defendants and Appellants.

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

Review Granted May 26, 1999.

Attorney(s) appearing for the Case

Patricia Nelson and Florence R.H. Popper, under appointments by the Court of Appeal, for Appellant Jose Rizo.

Catherine Campbell, under appointment by the Court of Appeal, Fresno, for Appellant Jose T. Macias.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Pamela C. Hamanaka and Wendy Chase Arenson, Deputy Attorney General, for Plaintiff and Respondent.

YEGAN, J.

Jose Rizo and Jose T. Macias were convicted by jury of feloniously manufacturing, distributing, or selling false government documents to conceal the true citizenship or resident alien status of another person. (Pen. Code, § 113.)1 They were each sentenced to state prison. We vacate the convictions based on the doctrine of factual impossibility and direct the trial court to enter new judgments for attempted violations of...

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