Ok everything in 529(a) is a crime, but no penalty. If you are guilty of 529(a) but not 529(3) There is no penalty. As subdivision (b) directs the penalty only after 529 (3) occurs.
Other Criminal Charges & Offenses Attempted false impersonation 529(a)3
- Thread Starter Jdogjdog
- Start date
Ok everything in 529(a) is a crime, but no penalty. If you are guilty of 529(a) but not 529(3) There is no penalty. As subdivision (b) directs the penalty only after 529 (3) occurs.
People v. Meyers 1963; one can attempt to commit a crime, the perpetrator thought it was a crime. But the state legislature changed former 529 into a bifocated process in two parts, with no penalty until any other act occurs. Legal impossibility defense, as there is no penalty for violating 529(a), without 529 (b). Casarez appeals court got it wrong, that's why it is not able to be quoted. SIMply put the legislators prevented appellants from claiming the jury should of been given a lessor included crime of attempted false impersonation.
flyingron
Well-Known Member
You're making drivel. All (b) provides is the penalty for violating (a). (a) is the definition of the offense.
Meyers deals with vagaries of an attempted crime, but doesn't actually generate anything useful here. The appellant Meyers lost that case.
Meyers deals with vagaries of an attempted crime, but doesn't actually generate anything useful here. The appellant Meyers lost that case.
PayrollHRGuy
Well-Known Member
But we know that Leroy was bad, bad.
flyingron
Well-Known Member
529(b) PC applies to all three items in 529(a) not just 529(a)(3). Doggy, you need to learn how to parse the code sections.
SECTION 529 of the Penal Code consists of two SUBDIVISIONS (a) and (b). (a) lists the elements of the crime, (b) lists the penalties.
Subdivision (a) has three paragraphs (1), (2), and (3).
(b) is not part of paragraph (3).
SECTION 529 of the Penal Code consists of two SUBDIVISIONS (a) and (b). (a) lists the elements of the crime, (b) lists the penalties.
Subdivision (a) has three paragraphs (1), (2), and (3).
(b) is not part of paragraph (3).
army judge
Super Moderator
Well the South side of Chicago
Is the baddest part of town
And if you go down there
You better just beware
Of a man named Leroy Brown
Now Leroy more than trouble
You see he stand 'bout six foot four
All the downtown ladies call him "Treetop Lover"
All the men just call him "Sir"
And it's bad, bad Leroy Brown
The baddest man in the whole damned town
Badder than old King Kong
And meaner than a junkyard dog
Now Leroy he a gambler
And he like his fancy clothes
And he like to wave his diamond rings
In front of everybody's nose
He got a custom Continental
He got an Eldorado too
He got a thirty two gun in his pocket for fun
He got a razor in his shoe
And it's bad, bad Leroy Brown
The baddest man in the whole damned town
Badder than old King Kong
And meaner than a junkyard dog.
