People v. Voeurn O.

Opinion

SONENSHINE, Acting P. J.

In this appeal, Voeurn O. contends there is insufficient evidence to sustain the juvenile court’s finding he gave false information to a police officer within the meaning of Penal Code section 148.9, subdivision (a).

1

He also maintains section 148.9 is unconstitutionally vague and he was singled out for prosecution because of his suspected gang status. We find Voeurn’s conduct did not violate section 148.9 and reverse.

[795]

I

About 10:45 one evening, Police Officer Todd Bullock was dispatched to an apartment complex to investigate a call concerning “suspicious juveniles loitering.” Bullock spotted Voeurn lying on the grass in the middle of the complex and began questioning him. Voeurn said he was waiting for a friend but could not provide the friend’s address. He also gave Bullock a false name and address and denied being in a gang. Voeurn wafc released and arrested three weeks later when the police discovered his true identity.

II

At the start of the jurisdictional hearing, Voeurn moved to suppress the false statements he made to Bullock on the ground they were the product of an unlawful detention. However, the court determined Voeurn was not detained at the time of the statements and therefore denied the motion. Voeurn does not contest this ruling on appeal. Rather, he insists it precludes a finding he violated section 148.9.

Section 148.9 provides in pertinent: “(a) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer . . . ,

upon a lawful detention or arrest of the person,

either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.” (Italics added.)

On its face, section 148.9 is inapplicable to our facts because Voeurn was neither detained nor arrested when he falsely identified himself to Bullock. Nonetheless, the Attorney General asks us to construe the statute as encompassing Voeum’s situation, based on the legislative, intent behind section 148.9.