California Court of Appeal

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People v. Barba, D060457

In a conviction of defendants for various charges stemming from their check forging scheme, trial court's dismissal of count 1, which alleged that defendants violated Penal Code section 530.5(a), which makes it unlawful to willfully obtain personal identifying information of another person and use that information for any unlawful purpose, is reversed where: 1) the trial court erred in interpreting section 530.5(a), as nothing in the statute suggests a requirement that the defendant have falsely personated another person; and 2) under the proper interpretation of section 530.5(a), the preliminary hearing provided probable cause to hold the defendants to answer to the charge in count 1.

Appellate Information

  • Decided 11/20/2012
  • Published 11/20/2012

Judges

  • Aaron

Court

  • California Court of Appeal

Counsel

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