California Court of Appeal

Conviction for the manufacture, distribution, and sale of false immigration documents is affirmed where: 1) Penal Code sec. 113, the statute under which defendant was convicted of violating, was not repealed by implication by sec. 112; 2) the trial court properly refused defendant's request to instruct the jury on sec. 112 as it is not a lesser included offense of sec. 113; 3) there was sufficient evidence to support his conviction; and 4) the prosecutor's rebuttal argument did not constitute misconduct, as it was a fair comment on the evidence and he did not misstate the law.

Appellate Information

• Decided 05/15/2009
• Published 05/15/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Gary V. Crooks, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.