The PEOPLE, Plaintiff and Respondent,
v.
Russell Ray RATHERT, Jr., Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
August 28, 2000.
August 28, 2000.
Attorney(s) appearing for the Case
Richard Jay Moller, Redway, under appointment by the Supreme Court, for Defendant and Appellant.
Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Carol Wendelin Pollack, Assistant Attorney General, Lance E. Winters, Marc E. Turchin, Victoria Bedrossian, Susan D. Martynec and Deborah J. Chuang, Deputy Attorneys General, for Plaintiff and Respondent.
Supreme Court of California.
WERDEGAR, J.
In this case we define the mental state necessary to violate Penal Code1 section 529, paragraph 3 (hereafter sometimes paragraph 3), prohibiting false personation. The Court of Appeal held the statute requires an intent to subject the impersonated individual to liability for suit or prosecution, or to secure a benefit for any person. It therefore reversed defendant's burglary conviction, which was predicated on entry with...
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