PEOPLE v. RATHERT

No. S070946.

99 Cal.Rptr.2d 779 (2000)

24 Cal.4th 200

6 P.3d 700

The PEOPLE, Plaintiff and Respondent, v. Russell Ray RATHERT, Jr., Defendant and Appellant.

Supreme Court of California.

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.


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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